Kiernan v. Roman Catholic Church of St. John the Evangelist
| Decision Date | 19 October 1961 |
| Citation | 221 N.Y.S.2d 735,10 N.Y.2d 853 |
| Parties | , 178 N.E.2d 436 Veronica KIERMAN, Appellant, v. ROMAN CATHOLIC CHURCH OF ST. JOHN THE EVANGELIST, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 11 A.D.2d 997, 205 N.Y.S.2d 706.
Woman who had attended evening church service, and who fell down exterior stairway leading from church vestibule to sidewalk while she was leaving church, brought action against church for injuries sustained. The Supreme Court, New York County, Henry Epstein, J., rendered judgment on a verdict for the woman, and the church appealed.
The Appellate Division reversed the judgment, dismissed the complaint, and held that where woman knew before she left church that light which, on previous occasions, had been used to illuminate exterior stairway leading from vestibule to sidewalk was not illuminated, but nevertheless she did not even use available handrail to assist her in descending stairs, she could not recover from church for her injuries. Eager, J., dissented.
The woman appealed to the Court of Appeals.
George J. Conway, New York City (Russell B. Greaves, New York City, of counsel), for respondent.
Judgment affirmed, without costs.
All concur.
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