Hyperlawhypertext legal database Mustavoi v. St. John Baptist Foundation 158 N.Y.S. 717

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Mustavoi v. St. John Baptist Foundation

158 N.Y.S. 717 Court Argued April term, 1916, before GUY, COHALAN, and WHITAKER, JJ. Decision date 1916-05-04 English

Delivered by COHALAN, J.

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p. 717
MUSTAVOI v. ST. JOHN THE BAPTIST FOUNDATION.
(Supreme Court, Appellate Term, First Department.
May 4, 1916.)

Headnote

1. Landlord and Tenant <©=>164(4)—Personal Injuries to Tenant—Negligence—Evidence—Statute.
Tlie failure of the owner of tenement premises to comply with Tenement House Law (Consol. Laws, c. 61) § 76, requiring the keeping of lights burning in hallways from sunset to sunrise, is evidence of such owner’s negligence in an action against him by a tenant for personal injuries received in falling downstairs.
[Ed. Note.—For other cases, see Landlord and Tenant, Cent. Dig. § 633; Dec. Dig. <g=>164(4).]
2. Trial <©=>165—Nonsuit.
On motion for a nonsuit, plaintiff is entitled to the most favorable inferences to be drawn from the evidence.
[Ed. Note.—Eor other cases, see Trial, Cent. Dig. §§ 373, 374; Dec. Dig. <©=>165.]
3. Landlord and Tenant <©=>169(11)—Injuries to Tenant—Contributory Negligence—Question for Jury.
In an action against the owner of tenement premises for injuries to a tenant, who fell downstairs, where the evidence showed that plaintiff was proceeding carefully down, while the hallway was unliglited, in violation of Tenement House Law, § 76, the issue of contributory negligence was for the jury.
[Ed. Note.'—For other cases, see Landlord and Tenant, Cent. Dig. §§ 646, 667, 684; Dec. Dig. <©=>169(11).]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by Sonia Mustavoi against the St. John the Baptist Foundation. From a judgment dismissing the complaint at end of plaintiff’s case, she appeals. Judgment reversed, and new trial ordered.
Argued April term, 1916, before GUY, COHALAN, and WHITAKER, JJ.
Herman Turkel, of New York City, for appellant.
Amos H. Stephens, of New York City, for respondent.

This action was brought to recover damages for personal injuries. On the 2d of June, 1915, the plaintiff, a tenant in the tenement house of the defendant, attempted to descend a flight of stairs therein, and fell down 16 steps, in consequence of which she sustained certain severe injuries. At the time of the accident she held an infant in her right arm, had her left hand on the banister, and was proceeding from the third to the second floor. Although it was in the evening, there was no light burning in the hallway, in violation of section 76 of the Tenement House Law.

[1] The failure to comply with this statute is evidence of negligence on the part of the defendant. Schindler v. Wells & Zerweck, 145 App. Div. 532 , 130 N. Y. Supp. 344 ; Bornstein v. Faden, 149 App. Div. 37 , 133 N. Y. Supp. 608 , affirmed 208 N. Y. 605 , 102 N.

p. 718
E. 1099 ; Kenney v. Rhinelander, 28 App. Div. 247 , 50 N. Y. Supp. 1088 , affirmed 163 N.Y. 576 , 57 N. E. 1114 .

[2, 3] The complaint was dismissed at the close of the plaintiff’s case, on the ground that she had failed to establish her freedom from contributory negligence. The evidence showed that the plaintiff was proceeding carefully down the stairway. She was entitled in a non-suit to the most favorable inferences to be drawn from the evidence, and the court was not warranted in disposing of the issue of contributory negligence as matter of law, but should have submitted it to the jury, to be determined by them as one of fact.

Judgment reversed, and new trial ordered, with $30 costs in one action to appellant to abide the event. All concur.

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