MOUNTAKIS v. 81ST ST. THEATRE CORP.


17 Misc.2d 446 (1959)

Patricia Mountakis et al., Respondents, v. 81st Street Theatre Corp., Appellant.

Supreme Court, Appellate Term, First Department.

January 8, 1959.


Attorney(s) appearing for the Case

William C. Morris and James F. Mapp for appellant.

Frank C. Termini for respondents.

HECHT, J. P. and TILZER, J., concur; STEUER, J., dissents and votes to dismiss the complaint.


Per Curiam.

The owner of a theatre or other place of public amusement is under a duty to exercise ordinary and reasonable care to see that a patron is not injured due to the acts of other persons.

The standard of care which the defendant owed to the plaintiff, a patron of its theatre, should have been properly defined and it was error to charge that defendant owed a "high degree of care to patrons for their safety."

Moreover a verdict of $3...

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