Morris v. Troy Savings Bank
| Decision Date | 18 February 1971 |
| Citation | 320 N.Y.S.2d 78,268 N.E.2d 805,28 N.Y.2d 619 |
| Parties | , 268 N.E.2d 805 June MORRIS et al., Appellants, v. TROY SAVINGS BANK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Third Department, 32 A.D.2d 237, 302 N.Y.S.2d 51.
Seymour Fox, Troy, for plaintiffs-appellants.
Ainsworth, Sullivan, Tracy & Knauf, Albany, for defendant-respondent.
The customer of bank allegedly sustained an injury when she fell over a leashed seeing-eye dog being held by a blind person who was also a customer of the bank. The Supreme Court, Trial Term, Albany County, Arthur A. Davis, Jr., J., entered a judgment in favor of the customer and her husband and the bank appealed.
The Appellate Division reversed and dismissed the complaint on the ground that the bank by allowing the blind customer to enter its premises accompanied by a seeing-eye dog and by failing to have the woman accompanied by a security guard did not create a reasonably foreseeable dangerous condition. An appeal was taken.
In the Court of Appeals, the plaintiffs argued that a bank had created a dangerous condition by failing to assist the blind person and failing to warn the plaintiff customer of the dog's presence and that a foreseeable risk of harm arose when the bank permitted the blind person and her seeing-eye dog to make their way unassisted in the crowded premises. The bank argued that it had no duty to anticipate and foresee that an adult woman would stumble over a dog in plain view.
Order affirmed, without costs.
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