Margaret Green
v.
Church of Immaculate Conception
v.
Church of Immaculate Conception
Appellate Division of the Supreme Court of the State of New York.
Jun 15, 1936.
248 A.D. 757
Cited by 5 opinions | Published
Judgment dismissing complaint at the close of plaintiff’s case reversed upon the law and a new trial granted, with costs to appellant to abide the event. Defendant owed plaintiff — an invitee — a duty of reasonable care. (Vaughan v. Transit Development Co., 222 N. Y. 79; Hudson v. Church of Holy Trinity, 250 id. 513.) While defendant was subject to no statutory duty to keep the vestibule and stairway lighted, it was for the jury to say whether defendant was negligent and the plaintiff free from contributory negligence. Lazansky, P. J., Young, Johnston and Taylor, JJ., concur; Carswell, J., dissents and votes to affirm.