GIGLIO v. RUBIN


278 A.D. 200 (1951)

Alexander Giglio, Appellant, v. Barney Rubin, Doing Business as Barney's Fruit & Vegetable Market, Respondent

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

May 1, 1951.


Attorney(s) appearing for the Case

Mack F. Goldman of counsel (Goldman & Goldman, attorneys), for appellant.

William E. Lyons of counsel (Cohen & McGuirk, attorneys), for respondent.

COHN and CALLAHAN, JJ., concur with McCURN, J.; SHIENTAG, J., dissents and votes to affirm, in opinion in which PECK, P. J., concurs.


McCURN, J.

This is an appeal from a judgment entered upon a nonsuit and dismissal of the complaint at the end of plaintiff's case after a jury trial.

The action is to recover damages for personal injuries sustained by the plaintiff while assisting an employee of the defendant in the performance of his duties, at the request of the employee.

Defendant conducts a fruit and vegetable market in connection...

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