Morell v. Peekskill Ranch, Inc.

Rubin, J.,

dissents and votes to reverse the judgment and grant a new trial, with the following memorandum, in which Gibbons, J., concurs: I dissent because the evidence, when viewed *494in the light most favorable to the plaintiffs, permits a rational inference of negligence on the part of the defendant (Fiederlein v Hochberg Bros., 83 AD2d 472, 479).

The plaintiff wife, a guest at defendant’s ranch, fell from a 14-to 16-foot precipice when she was on her way to the defendant’s tennis courts. To get to the tennis courts, she walked along a worn dirt path, which she had seen other guests use and…