Behm v. Seaman

Judgment, Supreme Court, Bronx County, entered July 2, 1973, affirmed, without costs and without disbursements. The trial court dismissed the complaint at the end of plaintiff-appellant’s case, and properly so, for there was complete absence of proof of freedom from contributory negligence on plaintiff’s part. Quite to the contrary, the evidence, by plaintiff herself, was to the effect that, knowing that water was flowing into her kitchen from outside, she chose to put herself into a dangerous position by negotiating a slippery floor and then climbing a ladder to retrieve food from a kitchen…