VENIA v. BARTEL


11 Misc.2d 501 (1958)

James J. Venia, Respondent, v. Nicholas Bartel, Doing Business under the Name of Oak Point Service Station, Appellant.

Supreme Court, Appellate Term, First Department.

January 23, 1958.


Attorney(s) appearing for the Case

Joseph E. Soffey for appellant.

Maurice A. Schnur and Bernard W. Liling for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

A timber "chocking block" 12 inches wide, 12 inches high and 3 feet long, used in connection with a service station grease pit, over which "block" plaintiff fell while walking on defendant's premises was a condition so obvious that it should have been observed by plaintiff in the exercise of reasonable care (Hanstick v. Bohack Co., 279 N.Y. 654).

The fact that the "block" was not in its accustomed place at or near the grease pit at...

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