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GOTERI v. ANNDONS, INC.

278 A.D. 369 (1951)

Orlando Goteri, Respondent, v. Anndons, Inc., Appellant

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

June 20, 1951.

Attorney(s) appearing for the Case

William L. Shumate of counsel (Frederick M. Garfield with him on the brief; Jones, Lynch & Schmidt, attorneys), for appellant.

Peter C. Demetri of counsel (Samuel F. Gold with him on the brief; Roy Berlin, attorney), for respondent.

COHN, J. P., CALLAHAN and HEFFERNAN, JJ., concur; SHIENTAG, J., dissents and votes to affirm.

VAN VOORHIS, J.

Plaintiff has recovered a judgment for damages arising from personal injuries sustained when he fell through the floor of a building undergoing demolition. He was walking along Jerome Avenue between 183rd and 184th Streets, in the Bronx, in the evening, when his hat blew off and was carried by the wind through an open doorway in a tight board fence which separated defendant's property from the...

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