Brown v. J.P. Logan Realty Company, Inc.

Full title: RENEE BROWN, Appellant, v. J.P. LOGAN REALTY COMPANY, INC., Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 30, 1942

265 App. Div. 965 (N.Y. App. Div. 1942)

Opinion

December 30, 1942.

Appeal from a judgment in favor of defendant dismissing the complaint at the close of plaintiff's case in an action brought to recover damages for personal injuries sustained by plaintiff, alleged to have been caused by failure on the part of defendant to provide lighting on a stairway leading from the second to the third floor of defendant's premises. Plaintiff was an employee of the tenant on the third floor. The latter and his employees and visitors were the only persons who used this stairway. Defendant had provided lighting up to a week before the accident and had caused the stairway to be cleaned and repaired. Judgment affirmed, with costs. No opinion.

Lazansky, P.J., Hagarty, Adel and Close, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

There were questions of fact for a jury as to whether or not defendant retained or exercised control of the stairway and hall and breached its duty to keep a proper light or lights therein.