Opinion
November 6, 1961
In an action to recover damages for personal injuries sustained by plaintiff when a chair in which she was sitting collapsed, the defendant appeals from a judgment of the Supreme Court, Rockland County, dated December 7, 1960, entered after a jury trial, upon a verdict against it in favor of plaintiff for $35,000. Judgment affirmed, with costs. Plaintiff was a guest at a hotel conducted by defendant. The chair was one furnished by defendant for use of its guests upon a portion of the hotel premises adjacent to a swimming pool. In our opinion, the evidence was sufficient to establish a prima facie case, and the jury's verdict on the issues submitted may not be disturbed (cf. Robinson v. Church of St. Patrick's, 269 App. Div. 752; Kane v. Ten Eyck Co., 10 Misc.2d 398, affd. 267 App. Div. 789, affd. 292 N.Y. 701; Jungjohann v. Hotel Buffalo, 5 A.D.2d 496). No question of notice of any defect in the chair was presented to the jury for their consideration, and no request was made for instruction on that subject. The question is not in the case, except as presented by the motions to dismiss (cf. Reinzi v. Tilyou, 252 N.Y. 97, 100). It was for the jury to determine the amount of the damages. On consideration of all the proof, we are unable to say that their determination was disproportionate to the injuries which the plaintiff received. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.