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Rudolph v. Annunziata

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1962
17 A.D.2d 661 (N.Y. App. Div. 1962)

Opinion

July 9, 1962


In an action to recover damages for personal injuries, defendant appeals from a judgment of the City Court of Mount Vernon, entered November 20, 1961 after trial upon the jury's verdict of $2,000 in favor of plaintiff. Judgment reversed on the law and the facts, without costs, and complaint dismissed on the law. The record establishes that plaintiff was a pedestrian who used defendant's gasoline station as a short-cut passageway. The record does not establish that, in the conduct of its business, defendant serviced other than motorized customers. Under such circumstances plaintiff is deemed as a matter of law to be a licensee. As such, she may not complain of a mere defect in the condition of defendant's premises (see Mendelowitz v. Neisner, 258 N.Y. 181). Ughetta, Acting P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.


Summaries of

Rudolph v. Annunziata

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1962
17 A.D.2d 661 (N.Y. App. Div. 1962)
Case details for

Rudolph v. Annunziata

Case Details

Full title:HENRIETTA RUDOLPH, Respondent, v. GEORGE ANNUNZIATA, Appellant

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

Date published: Jul 9, 1962

Citations

17 A.D.2d 661 (N.Y. App. Div. 1962)