Dunn v. White Plains Housing Authority

CourtNew York Court of Appeals
Writing for the CourtThe Supreme Court, Westchester County, Arthur D. Brennan
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.
Decision Date25 February 1960

Page 315

198 N.Y.S.2d 315
7 N.Y.2d 944, 165 N.E.2d 878
Maurice J. DUNN, Appellant,
v.
WHITE PLAINS HOUSING AUTHORITY, Respondent, and Whiffen
Electric Co., Defendant.
Court of Appeals of New York.
Feb. 25, 1960.

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.

Page 316

[7 N.Y.2d 945] 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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10 practice notes
  • Wittorf v. City of N.Y., No. 101
    • United States
    • New York Court of Appeals
    • June 5, 2014
    ...can be held liable for failure to install traffic control signs (see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes (see Henriquez v. Parsippany Constr. Co., Inc., 62 A.D.3d 749, 751, 879 N.Y.S.2d 512 [2d Dept.......
  • Wittorf v. City of N.Y.,
    • United States
    • New York Court of Appeals
    • June 5, 2014
    ...can be held liable for failure to install traffic control signs ( see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes ( see Henriquez v. Parsippany Constr. Co., Inc., 62 A.D.3d 749, 751, 879 N.Y.S.2d 512 [2d Dep......
  • Fitzsimmons v. State at Stonybrook, No. 52207
    • United States
    • New York Supreme Court — Appellate Division
    • June 25, 1973
    ...a darkened area 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.......
  • Lembeck v. Brady, Gen. No. 66--21
    • United States
    • United States Appellate Court of Illinois
    • December 29, 1966
    ...on cases such as Hudson et al. v. Church of the Holy Trinity, 250 N.Y. 513, 166 N.E. 306 and Dunn v. White Plains Housing Authority, 7 N.Y.2d 944, 198 N.Y.S2d 315, 165 N.E.2d 878, in which cases the court held that the Plaintiff's entry into darkened premises constituted negligence as a mat......
  • Request a trial to view additional results
10 cases
  • Wittorf v. City of N.Y., No. 101
    • United States
    • New York Court of Appeals
    • June 5, 2014
    ...can be held liable for failure to install traffic control signs (see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes (see Henriquez v. Parsippany Constr. Co., Inc., 62 A.D.3d 749, 751, 879 N.Y.S.2d 512 [2d Dept.......
  • Wittorf v. City of N.Y.,
    • United States
    • New York Court of Appeals
    • June 5, 2014
    ...can be held liable for failure to install traffic control signs ( see Wager v. State of New York, 7 N.Y.2d 945, 947, 198 N.Y.S.2d 316, 165 N.E.2d 878 [1960] ); failure to repaint faded road stripes ( see Henriquez v. Parsippany Constr. Co., Inc., 62 A.D.3d 749, 751, 879 N.Y.S.2d 512 [2d Dep......
  • Fitzsimmons v. State at Stonybrook, No. 52207
    • United States
    • New York Supreme Court — Appellate Division
    • June 25, 1973
    ...a darkened area 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.......
  • Lembeck v. Brady, Gen. No. 66--21
    • United States
    • United States Appellate Court of Illinois
    • December 29, 1966
    ...on cases such as Hudson et al. v. Church of the Holy Trinity, 250 N.Y. 513, 166 N.E. 306 and Dunn v. White Plains Housing Authority, 7 N.Y.2d 944, 198 N.Y.S2d 315, 165 N.E.2d 878, in which cases the court held that the Plaintiff's entry into darkened premises constituted negligence as a mat......
  • Request a trial to view additional results

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