Rudolph v. Annunziata

Appellate Division of the Supreme Court of New York

Rudolph v. Annunziata

17 A.D.2d 661, 230 N.Y.S.2d 393, 1962 N.Y. App. Div. LEXIS 8597

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 9, 1962

StatusPublished

This text of 17 A.D.2d 661 (Rudolph v. Annunziata) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rudolph v. Annunziata, 17 A.D.2d 661, 230 N.Y.S.2d 393, 1962 N.Y. App. Div. LEXIS 8597 (N.Y. Ct. App. 1962).

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Opinion

In an action to recover damages for personal injuries, defendant appeals from a judgment of the City Court of Mount "Vernon, entered November 20, 1961 after trial upon the jury’s verdict of $2,000 in favor of plaintiff. Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law. The record establishes that plaintiff was a pedestrian who used defendant’s gasoline station as a short-cut passageway. The record does not establish that, in the conduct of its business, defendant serviced other than motorized customers. Under such circumstances plaintiff is deemed as a matter of law to be a licensee. As such, she may not complain of a mere defect in the condition of defendant’s premises (see Mendelowitz v. Neisner, 258 N. Y. 181). Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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In an action to recover damages for personal injuries, defendant appeals from a judgment of the City Court of Mount "Vernon, entered November 20, 1961 after trial upon the jury’s verdict of $2,000 in favor of plaintiff. Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law. The record establishes that plaintiff was a pedestrian who used defendant’s gasoline station as a short-cut passageway. The record does not establish that, in the conduct of its business, defendant serviced other than motorized customers. Under such circumstances plaintiff is deemed as a matter of law to be a licensee. As such, she may not complain of a mere defect in the condition of defendant’s premises (see Mendelowitz v. Neisner, 258 N. Y. 181). Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

17 A.D.2d 661, 230 N.Y.S.2d 393, 1962 N.Y. App. Div. LEXIS 8597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudolph-v-annunziata-nyappdiv-1962.

Opinion

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