Summary
In Fortgang v. Chase Manhattan Bank, 23 N.Y.2d 895 (1969), the lessee provided mats for the floor on rainy days as a safety factor.
Summary of this case from Brown v. Addison Hall Owners Corp.Opinion
Submitted January 6, 1969
Decided January 22, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD J. SUPPLE, J.
Benjamin H. Siff and George Mutterperl for appellants.
Joseph P. Napoli for respondents.
Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: An issue of fact was raised on the trial as to whether the building lessee maintained properly placed mats on the lobby floor during rainy weather and kept the uncovered areas free of excessive moisture. While the testimony of plaintiffs' expert was hardly capable of inspiring confidence, it cannot be disregarded as a matter of law.
Concur: Judges BURKE, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge SCILEPPI dissent and vote to affirm on the memorandum at the Appellate Division.