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BIRNER v. BICKFORD'S, INC.

280 A.D. 911 (1952)

Edward Birner et al., Respondents, et al., Plaintiffs, v. Bickford's, Inc., Appellant

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

October 7, 1952.

Judgment affirmed, with costs.

VAN VOORHIS, J. (dissenting).

The verdict for plaintiffs was upheld by the trial court, and is being sustained by this court, chiefly on the ground that defendant-appellant was negligent in that its district superintendent ordered the tables next to the window in defendant's cafeteria removed on the morning of the hurricane, whereas in the evening they were back in place. Denying defendant's motion to set aside the...

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