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JOHN VELLA v. SEACOAST TOWERS "A" (06/16/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


June 16, 1969

JOHN VELLA, APPELLANT,
v.
SEACOAST TOWERS "A", INC., RESPONDENT

In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered March 12, 1968 in favor of defendant upon the trial court's dismissal of the complaint at the end of plaintiff's case upon a jury trial.

Rabin, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

"While under some circumstances a glass door exit may be constructed or maintained in a manner so as to constitute negligence (see Shannon v. Broadway & 41st St. Corp., 272 App. Div. 1029, affd. 298 N. Y. 589), in the instant case there was a complete absence of proof of negligence on the part of defendant. There was no evidence offered to show faulty construction or improper maintenance" (Luciano v. Mapart, Inc., 14 A.D.2d 843, mot. for lv. to app. den. 11 N.Y.2d 642; see, also, Gardino v. Barney Co., 17 A.D.2d 895; cf. Lockwood v. Proctor, 21 A.D.2d 686). Accordingly, it was proper to dismiss the complaint, especially in light of the rule that a plaintiff is bound to see what by the proper use of his senses he might have seen (Weigand v. United Traction Co., 221 N. Y. 39, 42; see, also, Cooper v. Scharf, 11 A.D.2d 101).

Disposition

 Judgment affirmed, with costs.

19690616

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