Ellis v. DiChiara
| Decision Date | 13 January 1972 |
| Citation | 328 N.Y.S.2d 36,38 A.D.2d 780 |
| Parties | Donald ELLIS and Coleen Ellis, Appellants, v. Anthony J. DiCHIARA and Elizabeth DiChiara, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Grossman & Levine, Stanley Grossman, Niagara Falls, for appellants.
Phelps, Gray, Mansour & Hewitt, Joseph J. Mansour, Niagara Falls, for respondents.
Before DEL VECCHIO, J.P., and MARSH, WITMER, MOULE and CARDAMONE, JJ.
Plaintiffs presented no evidence of negligence on the part of the defendants in maintaining their multiple residence. Section 174 of the Multiple Residence Law which requires an owner of a multiple residence to keep it in good repair does not impose liability without fault upon an owner as an insurer .
Plaintiffs requested the Court to charge the doctrine of Res ipsa loquitur as set forth in NY PJI 2:65. The Court charged the first paragraph of that instruction but declined to charge the second paragraph thereof, apparently because of its reservations about the applicability of the words 'exclusive control'; and the plaintiffs excepted. That second paragraph merely instructs the jury upon the application of the principles set forth in the first paragraph. The pattern charges are merely guides to aid counsel and trial judges, and, of course, the Court was not required to use the suggested pattern charge. Its ruling, however, was inconsistent, since the first paragraph of that charge contains the words 'exclusive control' and had been charged to the jury. We think that the Court's charge would have been better had the second paragraph also been given. Nonetheless, we find that the substance of the rule was charged and that there was no reversible error.
Judgment unanimously affirmed with costs.
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Mahlmann v. Yelverton
...fault, and in this regard the courts have refused to treat the landlord as an insurer of the tenant's safety. Ellis v. DiChiara, 38 A.D.2d 780, 328 N.Y.S.2d 36 (1972). Stoliker v. Crandall, 25 N.Y.2d 991, 305 N.Y.S.2d 506, 253 N.E.2d 219 (1969). Altz v. Leiberson, 233 N.Y. 16, 134 N.E. 703 ......
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Feldman v. Town of Bethel
...substance of the rule and there is no requirement that the pattern jury instructions be explicitly followed (see Ellis v. Di Chiara, 38 A.D.2d 780, 780-781, 328 N.Y.S.2d 36). Moreover, the trial court was correct to charge on punitive damages for the jury was properly considering whether de......