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Trimarco v. Klein

(1982)

New York Court of Appeals - 56 N.Y.2d 98

Tags: Torts, Customs

tl;dr:

Tenant was injured by non-shatterproof glass and argued that landlord was negligent in failing to switch to shatterproof glass, according to custom. Court holds that this is not a customs case.

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Facts & HoldingTrimarco v. Klein case brief facts & holding

Facts:Plaintiff tenant was badly cut when falling through a glass...

Holding:The New York Court of Appeals reversed the lower court's...

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Trimarco v. Klein | Case Brief DeepDive
Majority opinion, author: Fuchsberg, J.
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The plaintiff won a $240,000 judgment in a negligence suit for personal injuries caused by a shattered glass enclosure door of a bathtub. The plaintiff presented expert testimony to show that the glass door did not conform to accepted safety standards. The trial court allowed in sections of New York's General Business Law, which required the use of safety glazing material in bathroom enclosures after July 1, 1973. The Appellate Division reversed the decision and dismissed the complaint, stating that the defendants were not obligated to replace the glass door with shatterproof glass unless they had prior notice of the danger. The court found that the admission of sections of the General Business Law constituted reversible error and would have ordered a new trial if it were not dismissing the case. The court rejected the defendants' argument that the shower door was not covered by section 78 of the Multiple Dwelling Law. The court held that the shower door was within the scope of the statute.

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