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Appellate Division of the Supreme Court of New York, 1940

Czesznek v. Ruffy Corp.

Czesznek v. Ruffy Corp.
Appellate Division of the Supreme Court of New York · Decided April 19, 1940
259 A.D. 302; 19 N.Y.S.2d 248; 1940 N.Y. App. Div. LEXIS 6127

Counsel

Herbert F. Hastings, Jr., attorney [F. G. Mann with him on the brief], for the appellant., Benjamin H. Siff of counsel [Julian A. Oshlag, attorney], for the respondent.

Czesznek v. Ruffy Corp.

Opinion of the Court

Per Curiam.

The plaintiff was guilty of contributory negligence as a matter of law. (Rohrbacher v. Gillig, 203 N. Y. 413; Hudson v. Church of Holy Trinity, 250 id. 513.) The instructions by the defendant’s superintendent to the plaintiff on the day preceding the accident to place the mash in the boiler room of the cellar did not constitute an assurance to the plaintiff that he might proceed there safely in complete darkness and without guidance.

*303The judgment should be reversed, with costs, and the complaint dismissed, with costs.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs.

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