Konsek v. Stop-N-Go Foods, Inc.
This text of 116 A.D.2d 1022 (Konsek v. Stop-N-Go Foods, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment unanimously reversed, on the law, with costs, and new trial granted. Memorandum: The court erred in refusing plaintiff’s request to charge the jury that evidence of absence of prior accidents at the location where plaintiff fell was a factor for the jury to consider but was not conclusive on the issue of whether the sidewalk was defective (see, Orlick v Granit Hotel & Country Club, 30 NY2d 246; Wozniak v 100 S. Main St. Land & Dev. Improvement Corp., 61 AD2d 848). (Appeal from judgment of Supreme Court, Erie County, Joslin, J.—negligence.) Present—Callahan, J. P., Doerr, Boomer, Pine and Schnepp, JJ.
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Cite This Page — Counsel Stack
116 A.D.2d 1022, 498 N.Y.S.2d 637, 1986 N.Y. App. Div. LEXIS 51803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/konsek-v-stop-n-go-foods-inc-nyappdiv-1986.