Gross v. Lewis
| Decision Date | 08 January 1959 |
| Citation | 182 N.Y.S.2d 830,156 N.E.2d 459,5 N.Y.2d 884 |
| Parties | , 156 N.E.2d 459 Jean GROSS et al., Respondents, and Janice Zuckerman et al., Plaintiffs, v. Harriet LEWIS et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 4 A.D.2d 966, 168 N.Y.S.2d 612.
Consolidated action was brought to recover damages for personal injuries and for medical expenses and loss of services. One of the plaintiffs, while descending steps in front of premises owned by defendants, lost her balance when her foot caught against a drainpipe running from the roof into one of the steps, and was caused to fall.
The Trial Term, Kings County, Jacob J. Schwartzwald, J., entered judgment against the defendants, and they appealed.
The Appellate Division, 4 A.D.2d 966, 168 N.Y.S.2d 612, unanimously affirmed the judgment.
The Appellate Division, 5 A.D.2d 777, 169 N.Y.S.2d 1015, denied reargument and appeal.
The defendants appealed to the Court of Appeals, contending that the injured plaintiff was a social visitor and, as such, took the premises as she found them, and that defendants were not liable for her injuries in absence of a showing that defendants maintained a trap or hidden dangers on their premises and failed to warn her thereof, and that the drainpipe was not a trap or hidden danger, but was open and obvious, and that plaintiff had warning of the presence of the drainpipe when she passed it on entering the premises.
Garvey & Conway, New York City (Thomas Rattigan, New York City, of counsel), for defendants-appellants.
Judgment reversed and the complaint dismissed, without costs, upon the ground that the plaintiffs failed to establish the actionable negligence asserted as a matter of law.
All concur.
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