Reagan v. Saratoga Hotel Corp.

Judgment unanimously reversed, on the law and the facts, and the complaint dismissed, with $50 costs to the appellant. In this personal injury action plaintiff, a guest of the defendant hotel, was a member of a ski party visiting the said hotel for the week end. She was assigned a third-floor room. She alleged that she fell over a banister and was precipitated three floors down a stairwell. The pleadings ascribe poor lighting, “uneven, crumpled” carpeting and a hazardously low banister on the stairway as the cause of the accident. Plaintiff testified at the trial that as she ascended the…