Droge v. Czarniechi
| Decision Date | 08 March 1957 |
| Citation | 2 N.Y.2d 897,161 N.Y.S.2d 149 |
| Parties | , 141 N.E.2d 632 Edward F. DROGE and Lawrence E. Droge, an infant under the age of 14 years, by his Guardian ad Litem, Edward F. Droge, Appellants, v. Edward CZARNIECHI et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 285 App.Div. 1052, 139 N.Y.S.2d 314.
Action was brought by father, on behalf of infant son, against hosts of son for injuries sustained by son as result of a fall when the son stepped on a small rug over slippery floor of hosts while attending a party at home of hosts, and the father sought recovery from the hosts for medical expenses and for loss of services.
The Supreme Court, Kings County, Trial Term, Michael F. Walsh, J., 126 N.Y.S.2d 794, entered judgment on a verdict for the father and son, and the hosts appealed.
The Appellate Division, 285 App.Div. 1052, 139 N.Y.S.2d 314, reversed the judgment, dismissed the complaint, and held that where the son was aware, prior to his fall, of the slippery nature of the floor on which the rug had been placed, he took the premises as the hosts, to his knowledge, maintained them, and could not recover for injuries sustained. Schmidt and Beldock, JJ., dissented in part.
The father and the son appealed to the Court of Appeals.
Lawrence Milberg, New York City, for appellants.
Frederick Mellor, New York City (William L. Shumate, New York City, of counsel), for respondents.
Judgment affirmed, with costs.
All concur except CONWAY, C. J., and DESMOND and FROESSEL, JJ., who dissent and vote to reverse and to reinstate the judgment of the Trial Term upon the ground that the plaintiffs established a prima facie case.
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...walk upon them--especially the infrequent caller or visitor. Droge v. Czarniechi, 285 App.Div. 1052, 139 N.Y.S.2d 314, affirmed 2 N.Y.2d 897, 161 N.Y.S.2d 149, by a 4 to 3 decision, is distinguishable. There the infant plaintiff was aware, prior to his fall, of the slippery nature of the fl......
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