Joyce v. W. T. Grant Co.

Appellate Division of the Supreme Court of New York

Joyce v. W. T. Grant Co.

243 A.D. 847

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Appeal by plaintiff from a judgment dismissing her complaint in an action for negligence, at the close of her proof. Plaintiff was in defendant’s store for the purpose of purchasing overshoes. While seated on a stool, provided by defendant for patrons, she slipped therefrom and was injured. There is no allegation in the complaint and no proof that the stool in question was defective. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appeal by plaintiff from a judgment dismissing her complaint in an action for negligence, at the close of her proof. Plaintiff was in defendant’s store for the purpose of purchasing overshoes. While seated on a stool, provided by defendant for patrons, she slipped therefrom and was injured. There is no allegation in the complaint and no proof that the stool in question was defective. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Joyce v. W. T. Grant Co., 243 A.D. 847 (N.Y. Ct. App. 1935).

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