Leone v. Lowry Horowitz & Fischer, Inc.

279 A.D. 804, 109 N.Y.S.2d 582, 1952 N.Y. App. Div. LEXIS 4899

Opinion

The accident, in which the plaintiff was injured, was allegedly brought about by a defect in the structure of the danc-e floor where she fell, and not because of a condition of a transient and possibly recent nature. It was, therefore, error to charge that there must he an affirmative finding of notice on the part of the defendant before the plaintiff could recover. (Ruddy v. Putnam Theatrical Corp., 255 App. Div. 1027.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.

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Leone v. Lowry Horowitz & Fischer, Inc., 279 A.D. 804, 109 N.Y.S.2d 582, 1952 N.Y. App. Div. LEXIS 4899 (N.Y. Ct. App. 1952).

279 A.D. 804 (Leone v. Lowry Horowitz & Fischer, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ruddy v. Putnam Theatrical Corp.
255 A.D. 1027 (Appellate Division of the Supreme Court of New York, 1938)