Ross v. Air Farms, Inc.

• Decision Date: 20 June 1958
• Citation: 13 Misc.2d 250,175 N.Y.S.2d 319
• Court: New York City Municipal Court
• Parties: Leona ROSS and Alan Ross, Plaintiffs, v. AIR FARMS, INC., S & N Grossinger, Inc., and Grossinger Realty Corp., Defendants.

Page 319

175 N.Y.S.2d 319

13 Misc.2d 250

Leona ROSS and Alan Ross, Plaintiffs, v. AIR FARMS, INC., S & N Grossinger, Inc., and Grossinger Realty Corp., Defendants.

Municipal Court of City of New York, Borough of Manhattan First District.

June 20, 1958.

Joseph Tiefenbrun, New York City, for plaintiffs.

Bigham, Englar, Jones, & Houston, New York City, for defendants. John J. Martin, New York City, of counsel.

GUY GILBERT RIBAUDO, Justice.

Plaintiff, a licensed pilot sues to recover for property damage to his plane sustained on February 13, 1956, while landing his plane at Grossinger Airport. He asserted that he had landed there in December of 1955, and on the trip on February 13, 1956 had planned to have lunch at Grossinger's with his wife who accompanied him. His plane had gas for a four-hour trip. From his taking off place, this trip could be accomplished in 45 minutes.

He checked the Airman's Guide and found no change in the listing and that the same conditions prevailed as had on his previous trip. Under 'Remarks' in the Airman's Guide appeared the notation 'attended summer only.'

There was snow on the ground in December, 1955. The hangar was open and planes were inside. He saw the same condition on February 13, 1956. He circled the field at low altitude and came down in a normal landing, touched ground, and proceeded a few feet when the wheels of his plane dug into the snow, measuring thirteen inches in depth. He testified that in a radio check with the Poughkeepsie Weather Bureau, he had been advised that as to the weather at Liberty, there was no change from the visual flight rules which indicated a clear, calm day.

A brochure issued by Grossinger's was offered in evidence which indicates the Grossinger's is open all year round and refers to the airfield five minutes from Grossinger's reservation desk, fully equipped to receive private and chartered planes.

Plaintiff's proof, offered without contradiction, was that there were no signs, notices, or markings of any kind to indicate that the airport was closed or unsafe at this time. Nor did the brochure indicate that any facility offered by Grossinger's was curtailed at any season of the year.

Plaintiff also testified that as an airman, the words 'attended summer only' meant that he could get no service at the field, could not get any gas or repairs except in the summer; that the quoted words did not mean the airfield was closed or unsafe.

The word 'closed' is defined in the Airman's...