LIBERTY MUT. INS. CO. v. CUNEO


276 A.D. 1065 (1950)

Liberty Mutual Insurance Company, Appellant, v. Albert Cuneo, Doing Business as Arrow Construction Co., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1950.


Upon an examination of the record we find that plaintiff established a prima facie case and consequently it was error to dismiss the complaint at the close of the case. Molly Tighe, the injured person, testified that she turned on her ankle and fell as she entered upon the floor which was under construction, and that the portion of the floor into which she stepped was not "smooth concrete" but "all torn up in large pieces." From her testimony and the other evidence adduced...

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