Walz v. Paul Helfer, Inc.

36 N.E.2d 640, 286 N.Y. 408, 1941 N.Y. LEXIS 1455

Opinion

Per Curiam.

The record presents issues of fact concerning negligence and freedom from contributory negligence. The washing of the floor of a store during business hours presents a different situation from the cleaning of the stairs of an apartment house (Samuels v. Terry Holding Co., 253 N. Y. 593) or the floor of a railroad station (Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554).

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event. (See 286 N. Y. 700.)

Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., dissents.

Judgments reversed, etc.