SMULCZESKI v. CITY CTR. OF MUSIC & DRAMA, INC.


2 A.D.2d 998 (1956)

Caroline Smulczeski, Appellant, v. City Center of Music and Drama, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1956


Judgment unanimously affirmed, with costs.

While we consider that the court erred in charging the jury that notice of improper lighting is required, we feel this error was substantially corrected by the subsequent charge, at appellant's request, that the duty to provide adequate lighting is, under section C26-743.0 of the Administrative Code of the City of New York, an absolute duty, and by the reading of said section to the jury. We further find that on the evidence...

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