Loeser v. Nathan Hale Gardens, Inc.

I agree with the majority opinion that the trial court should not have permitted the jury to find the defendant negligent because (i) they allegedly violated section 83 of the Multiple Dwelling Law and (ii) they actually failed to maintain a locked-chain device. I would further find that the trial court erred in refusing to charge that plaintiff Fred Loesser might be contributorily negligent. If the defendants are to be held liable for permitting dangerously dark conditions to exist in the parking lot, then a question is presented as to whether Fred, aware of those conditions for an extended…