Meyer v. West End Equities, Inc.
| Decision Date | 04 October 1962 |
| Citation | 185 N.E.2d 915,12 N.Y.2d 698,233 N.Y.S.2d 479 |
| Parties | , 185 N.E.2d 915 William MEYER, Appellant, v. WEST END EQUITIES, INC., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 13 A.D.2d 938, 216 N.Y.S.2d 785.
An action was brought for injuries sustained by the plaintiff when he slipped and fell while descending ramp at service entrance of defendant's building which plaintiff was about to enter to clean carpets of a tenant. The ramp was steep, there was gravel on the ramp, and there was a staircase adjoining the ramp.
The Supreme Court, New York County, Samuel C. Coleman, J., dismissed the complaint at the close of the plaintiff's case on ground that the plaintiff was contributorily negligent as a matter of law in descending on the ramp rather than using stairs, and the plaintiff appealed.
The Appellate Division affirmed the judgment and held that the plaintiff was contributorily negligent. Botein, P. J., and Valente, J., dissented.
The plaintiff appealed to the Court of Appeals.
Saul Grover Wlodaver, New York City (David S. Kapell, New York City, of counsel on the brief), for plaintiff-appellant.
E. Edan Spencer, New York City, for defendant-respondent.
Judgment reversed and a new trial granted, with costs to abide the event, upon the dissenting opinion at the Appellate Division.
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...as a matter of law. (Zurich Gen. Acc. & Liab. Ins. Co. v. Childs Co., 253 N.Y. 324, 171 N.E. 391; Meyer v. West End Equities, 12 N.Y.2d 698, 233 N.Y.S.2d 479, 185 N.E.2d 915; Hamblet v. Buffalo Lib. Garage Co., 222 App.Div. 335, 225 N.Y.S. The judgment over, however, in favor of the owners ......
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...safe and proper construction and practice. This was sufficient to raise an issue of fact for the jury (Meyer v. West End Equities, Inc., 12 N.Y.2d 698, 233 N.Y.S.2d 479, 185 N.E.2d 915 rev'g on dis. op. of Mr. Justice Valente at the Appellate Division, 13 A.D.2d 938, 216 N.Y.S.2d 785; Berma......
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...were circumstances from which the jury might or might not infer negligence on the part of the plaintiff (Meyer v. West End Equities, 12 N.Y.2d 698, 233 N.Y.S.2d 479, 185 N.E.2d 915, Revg. 13 A.D.2d 938, 216 N.Y.S.2d 785; Cesario v. Chiapparine, 21 A.D.2d 272, 250 N.Y.S.2d 584). Since reason......