MacKoff

This is an appeal by Biltmore Garages, Inc. (hereinafter referred to as defendant) from an adverse judgment, wherein Florence Mackoff (hereinafter referred to as plaintiff) was awarded the sum of $50,000 and costs for alleged personal injuries suffered by her as a result of a “slip and fall” on defendant’s public parking garage premises.

A synopsis of the material facts, stated in the light most favorable to plaintiff, pertaining to the issue of defendant’s liability, is as follows: Defendant operates a public garage for the parking and receiving of automobiles owned by its patrons. On the afternoon of Saturday, September 5, 1959, plaintiff drove her automobile into the Grand Avenue entrance to the third floor of the garage for the purpose of parking it there. She had as passengers two lady friends and the three were on the way to attend a matinee at the nearby Biltmore Theatre. Near the garage entrance plaintiff left the vehicle with an attendant who gave her a claim check, indicating that the ear was parked at 1:58 p.m.

Thereafter, the three ladies attended the matinee and, at its conclusion at approximately 4:45 p.m., plaintiff, accompanied by her two friends, proceeded to…