Serlin v. City of New York
| Decision Date | 20 July 1943 |
| Citation | 291 N.Y. 595,50 N.E.2d 1009 |
| Parties | Esther SERLIN, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Second Department, 266 App.Div. 668, 40 N.Y.S.2d 155.
Action by Esther Serlin against The City of New York to recover for injuries sustained in descending a stairway owned by the city preparatory to entering a subway as a passenger. The plaintiff while descending the stairway fell and sustained injuries. The stairway which led from the street to a lower level from which access could be obtained to several transportation systems was owned and controlled by defendant. The plaintiff testified that she intended to take passage upon the defendant's system and that she was caused to fall by the pushing movement of a dense crowd upon the stairway. There was testimony that a similar over-crowded condition existed every weekday at the same time. The plaintiff claimed that the defendant had or should have had notice of the over-crowded condition of the stairway.
From a judgment of the Appellate Division, 266 App.Div. 668, 40 N.Y.S.2d 155, which reversed a judgment in favor of plaintiff, Sup., 35 N.Y.S.2d 213, and dismissed the complaint on the ground that the city's obligation to exercise ordinary care in the maintenance of the stairway leading to subway transportation lines did not involve the placing of guards to control people descending the steps under overcrowded conditions, the plaintiff appeals.
Affirmed.
Irving D. Josefsberg, of Brooklyn (Louis L. Friedman, of Brooklyn, on the brief), for appellant.
Robert H. Schaffer, of New York City (Paxton Blair and Joseph F. Mulqueen, Jr., both of New York City, of counsel), for respondent.
Judgment affirmed without costs.
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