Baisley v. Rose
| Decision Date | 30 November 1970 |
| Citation | 35 A.D.2d 841,317 N.Y.S.2d 460 |
| Parties | Frank BAISLEY, Appellant, v. Nelson ROSE, d/b/a Come Inn to Roseland, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Charles W. De Groat, West Harverstraw, for plaintiff-appellant.
Dicker & Reich, White Plains, for defendant-respondent; Mead & Dore, Henry J. Smith, Gerald Nolan, White Plains, of counsel.
Before CHRIST, P.J., and RABIN, HOPKINS, MUNDER and MARTUSCELLO. JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Rockland County, dated March 14, 1969, in favor of defendant upon the trial court's granting of a motion to dismiss the complaint at the close of plaintiff's case.
Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered.
The injuries were claimed to have been sustained by plaintiff when he fell on the floor of defendant's premises while he was a guest at a wedding reception. In our view, his evidence, if believed by a jury, would permit a finding that an excessive quantity of an unknown substance was spread on the floor shortly before plaintiff's fall and that this created a dangerous condition (Gough v. Wadhams Mill Grange No. 1015, 279 App.Div. 825, 109 N.Y.S.2d 374). Thus, plaintiff was entitled to a determination by a jury verdict.
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