Fortgang v. Chase Manhattan Bank

245 N.E.2d 818, 23 N.Y.2d 895, 298 N.Y.S.2d 92, 1969 N.Y. LEXIS 1597

Opinion

Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: An issue of fact was raised on the trial as to whether the building lessee maintained properly placed mats on the lobby floor during rainy weather and kept the uncovered áreas free of excessive moisture. While the testimony of plaintiffs’ expert was hardly capable of inspiring confidence, it cannot be disregarded as a matter of law.

Concur; Judges Burke, Bergan, Keating, Breitel and Jasen. Chief Judge Fuxd and Judge Sculepfi dissent and vote to affirm on the memorandum at the Appellate Division,