Summary
In Rabinowitz v. Evergreen Amusement Corp., 137 Misc. 387, 244 N.Y. Supp. 43 (1930) the step on which plaintiff fell was deeper than all the rest of the steps in the aisle, and this was shown to have caused the fall.
Summary of this case from Beck v. Stanley Co. of AmericaOpinion
April, 1930.
Appeal from the Municipal Court, Borough of Manhattan, Ninth District.
Max Seltzer, for the appellant.
Jenkins, Dimmick Finnegan, for the respondent.
Plaintiff was free from contributory negligence, having been directed by defendant's usher to proceed to the balcony for a seat, and there was a question for the jury to determine whether the construction of the steps created a dangerous condition which imposed upon defendant the duty of safeguarding them.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
BIJUR and PETERS, JJ., concur.
I dissent. (See Decker v. Brooklyn Strand Theatre Co., 222 A.D. 752; affd., 249 N.Y. 580.)