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BEARSS v. WESTBURY HOTEL

33 A.D.2d 47 (1969)

Louise Bearss, Respondent, v. Westbury Hotel, Inc., Appellant, et al., Defendant

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

October 30, 1969.

Attorney(s) appearing for the Case

John J. Martin of counsel (John M. Aherne and Thomas J. McDonough with him on the brief; Jayne & McNerny, attorneys), for appellant.

Benjamin Heller of counsel (Martin H. Selman with him on the brief; Richard Frank, attorney), for respondent.

STEVENS, P. J., EAGER, TILZER and STEUER, JJ., concur in Per Curiam opinion; McGIVERN, J., dissents in opinion.

Per Curiam.

The defendant appeals from a judgment which was entered upon a verdict of a jury in an action to recover for injuries sustained by the plaintiff as she was leaving defendant's restaurant through a revolving door. We conclude that prejudicial reversible error was committed by the trial court when it allowed the plaintiff's expert to give his opinion that the door was "unsafe" and that, in any event, the verdict...

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