Majority
p. 813John Vella, Appellant, v. Seacoast Towers “A,” Inc., Respondent.
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County,. entered March 12, 1968 in favor of defendant upon the trial court’s dismissal of the complaint at the
p. 814
end of plaintiff’s ease upon a jury trial. Judgment affirmed, with costs. “ While under some circumstances a glass door exit may be constructed or maintained in a manner so as to constitute negligence (see Shannon v. Broadway & 41st St. Corp., 272 App. Div. 1029 , affd. 298 N. Y. 589 ), in the instant case there was a complete absence of proof of negligence on the part of defendant. There was no evidence offered to show faulty construction or improper maintenance” (Luciano v. Mapart, Inc., 14 A D 2d 843 , mot. for lv. to app. den. 11 N Y 2d 642 ; see, also, Gardino v. Barney Co., 17 A D 2d 895 ; cf. Lockwood v. Proctor, 21 A D 2d 686 ). Accordingly, it was proper to dismiss the complaint, especially in light of the rule that a plaintiff is bound to see what by the proper use of his senses he might have seen (Weigand v. United Traction Co., 221 N. Y. 39 , 42; see, also, Cooper v. Scharf, 11 A D 2d 101 ). Rabin, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
Cases cited
- Shannon v. Broadway & 41st Street Corp. 298 N. Y. 589 p. 814
- Weigand v. United Traction Co. 221 N. Y. 39 at 42 p. 814
- Cooper v. Scharf 11 A D 2d 101 p. 814