KIRK v. KIERNAN


27 A.D.2d 546 (1966)

Mary Kirk, Respondent, et al., Plaintiff, v. Patricia Kiernan, Appellant

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

December 12, 1966


Judgment reversed insofar as appealed from, on the law and the facts, and complaint dismissed, without costs.

In our opinion, respondent was contributorily negligent as a matter of law in stepping through the first doorway which came to hand in the darkened garage (cf. Owen v. Westchester Country Club, 289 N.Y. 819; Hudson v. Church of Holy Trinity, 250 N.Y. 513; Piper v. New York Cent. & H. Riv. R. R. Co., 156 N.Y. 224). Although she had...

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