Appellate Division of the Supreme Court of New York, 1941

Cohen v. Elmont Cemetery, Inc.

Cohen v. Elmont Cemetery, Inc.
Appellate Division of the Supreme Court of New York · Decided October 14, 1941
262 A.D. 1029; 30 N.Y.S.2d 354; 1941 N.Y. App. Div. LEXIS 7109
Cohen v. Elmont Cemetery, Inc.

Opinion of the Court

Plaintiff brought this action to recover damages for personal injuries sustained when he fell down a stairway leading to a washroom in an office building at defend*1030ant’s cemetery. Plaintiff’s testimony was that he slipped on a foreign substance on one of the steps. Judgment in favor of plaintiff reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. Appeal from order dismissed, without costs. Accepting the testimony most favorable to the plaintiff, the proof was insufficient to charge the defendant, under the circumstances of this case, with constructive notice of the dangerous condition. (Goodman v. Silverman, 231 App. Div. 84; Maringer v. Hill, 146 id. 720; Dinegar v. Sweeney, 279 N. Y. 591.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.

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