GROSSMAN v. SHAYBURNE REALTY CORP.


280 A.D. 917 (1952)

Gustave Grossman, Appellant, v. Shayburne Realty Corp., Respondent

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

October 14, 1952.


Judgment affirmed, with costs to the respondent.

Defendant rested on plaintiff's case. We interpret the decision of the trial court as a finding of fact on the whole case that defendant was not negligent.

Dore, J., dissents and votes to reverse the judgment and to order a new trial in the following memorandum:

Plaintiff's proof established that the door in question was "stuck", and would not open except under heavy pressure; that the door...

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