AUCOCK v. NEISNER BROS.


308 N.Y. 41 (1954)

Edith M. Aucock, Appellant, v. Neisner Brothers, Inc., Respondent.

Court of Appeals of the State of New York.

Reargued November 16, 1954.

Decided December 3, 1954


Attorney(s) appearing for the Case

James H. Gilroy, Jr., for appellant.

Frank G. Pratt and Willard R. Pratt for respondent.

DESMOND, DYE and FULD, JJ., concur with VAN VOORHIS, J.; FROESSEL, J., dissents in an opinion in which LEWIS, Ch. J., and CONWAY, J., concur.


VAN VOORHIS, J.

The Appellate Division directed that the complaint be dismissed upon the ground that plaintiff failed to establish any actionable negligence upon the part of defendant. We think that this disposition of the action was correct. Plaintiff-appellant fell while descending a flight of three steps leading from the street level to the floor level, immediately inside of the entrance to defendant's store...

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