Stewart v. Loblaw Groceterias, Inc.

Appellate Division of the Supreme Court of New York

Stewart v. Loblaw Groceterias, Inc.

256 A.D. 1051, 10 N.Y.S.2d 889, 1939 N.Y. App. Div. LEXIS 6025

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 1939

StatusPublished

This text of 256 A.D. 1051 (Stewart v. Loblaw Groceterias, 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.

Bluebook

Stewart v. Loblaw Groceterias, Inc., 256 A.D. 1051, 10 N.Y.S.2d 889, 1939 N.Y. App. Div. LEXIS 6025 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: There is evidence to support findings that the floor had been recently oiled by defendant, that the spot on the floor where plaintiff fell was left with an excess of oil causing a slippery and dangerous condition, that no precaution was taken by defendant to mitigate the condition, and that plaintiff was free from contributory negligence. All concur, except Taylor, J., who dissents and votes for reversal on the law and the facts and dismissal of the complaint. (The judgment is for plaintiff in a negligence action.) Present — Sears, P. J., Crosby, Lewis, Taylor and Cunningham, JJ.

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Judgment affirmed, with costs. Memorandum: There is evidence to support findings that the floor had been recently oiled by defendant, that the spot on the floor where plaintiff fell was left with an excess of oil causing a slippery and dangerous condition, that no precaution was taken by defendant to mitigate the condition, and that plaintiff was free from contributory negligence. All concur, except Taylor, J., who dissents and votes for reversal on the law and the facts and dismissal of the complaint. (The judgment is for plaintiff in a negligence action.) Present — Sears, P. J., Crosby, Lewis, Taylor and Cunningham, JJ.

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Bluebook (online)

256 A.D. 1051, 10 N.Y.S.2d 889, 1939 N.Y. App. Div. LEXIS 6025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-loblaw-groceterias-inc-nyappdiv-1939.