Dunn v. White Plains Housing Authority

Decision Date25 February 1960
Citation165 N.E.2d 878,198 N.Y.S.2d 315,7 N.Y.2d 944
Parties, 165 N.E.2d 878 Maurice J. DUNN, Appellant, v. WHITE PLAINS HOUSING AUTHORITY, Respondent, and Whiffen Electric Co., Defendant.
CourtNew York Court of Appeals Court of Appeals

Appeal from Supreme Court, Appellate Division, Second Department, 8 A.D.2d 839, 190 N.Y.S.2d 198.

Insurance agent brought action against owner of apartment house and electric company for injuries sustained by insurance agent in fall down flight of stairs in apartment house when insurance agent went to call on policyholder, who had an apartment on sixth floor of apartment house. At the time the insurance agent went to the apartment house electrical work was being done in the building and lights in elevator cars and hallways were not lighted for a period of 15 or 20 minutes.

The Supreme Court, Westchester County, Arthur D. Brennan, J., entered judgment against owner of the apartment house, and the owner appealed.

The Appellate Division reversed the judgment, dismissed the complaint, and held that insurance agent, who entered unlighted building and attempted to find policyholder's apartment in total darkness with aid of lighted matches, was contributorily negligent. Murphy and Kleinfeld, JJ., dissented.

The insurance agent appealed to the Court of Appeals, contending that issue whether he was guilty of contributory negligence was properly submitted to the jury as a question of fact.

Warren W. Wells, White Plains (James D. Maher, White Plains, of counsel), for plaintiff-appellant.

William J. Tropp, New York City (Solomon Boneparth, New York City, of counsel), for respondent.

Judgment affirmed, without costs.

All concur.

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    • New York Court of Appeals Court of Appeals
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  • Fitzsimmons v. State at Stonybrook
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Junio 1973
    ...which obviously is not prudent and reasonable (Dunn v. White Plains Housing Auth., 8 A.D.2d 839, 190 N.Y.S.2d 198, affd. 7 N.Y.2d 944, 198 N.Y.S.2d 315, 165 N.E.2d 878; see also Halstead v. Kennedy Valve Mfg. Co., 36 A.D.2d 1005, 321 N.Y.S.2d 215, affd. 31 N.Y.2d 901, 340 N.Y.S.2d 638; 1 Sh......
  • Halstead v. Kennedy Valve Mfg. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Mayo 1971
    ...requires that he refrain from proceeding further without first ascertaining if he may safely proceed. (Dunn v. White Plains Housing Auth., 7 N.Y.2d 944, 198 N.Y.S.2d 315, 165 N.E.2d 878; Hruska v. James Stewart & Co., 297 N.Y. 829, 78 N.E.2d 859; Hudson v. Church of Holy Trinity, 250 N.Y. 5......
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