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Hillebert v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 883 (N.Y. App. Div. 1990)

Opinion

July 13, 1990

Appeal from the Supreme Court, Chautauqua County, Ricotta, J.

Present — Doerr, J.P., Boomer, Lawton, Davis and Lowery, JJ.


Judgment unanimously affirmed with costs. Memorandum: Plaintiff was injured when she slipped and fell on defendants' premises. Defendants appeal from the judgment in favor of plaintiff, contending that the trial court erred in instructing the jury about two sections of the Property Rehabilitation and Conservation Code of the City of Jamestown, which Code had been declared unconstitutional by Supreme Court, County of Chautauqua, in a prior action between a property owner and the City of Jamestown. The determination in the prior action was not binding upon defendants because they were not parties to the prior action. In that action, Supreme Court found that the Code was unconstitutional because certain provisions, particularly the provision containing the definition of unfit premises, were too vague to be enforced. In our view, however, the vague portions do not render the entire Code unconstitutional. The provisions of the Code charged to the jury are sufficiently specific and objective to meet defendants' challenge of unconstitutionality.

Moreover, even if it were error to charge the provisions of the Code, the error was not prejudicial to defendants because those provisions paralleled the provisions of the State Building Code, which were also charged to the jury.


Summaries of

Hillebert v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 883 (N.Y. App. Div. 1990)
Case details for

Hillebert v. Lee

Case Details

Full title:JAYNE A. HILLEBERT, Respondent, v. DALE A. LEE et al., Appellants

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

Date published: Jul 13, 1990

Citations

163 A.D.2d 883 (N.Y. App. Div. 1990)