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STAFFORD v. SIBLEY, LINDSAY & CURR CO.

280 A.D. 495 (1952)

Edith Stafford, Respondent, v. Sibley, Lindsay & Curr Co., Defendant-Appellant and Third-Party Plaintiff-Appellant. Otis Elevator Company, Third-Party Defendant-Respondent

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

July 9, 1952.

Attorney(s) appearing for the Case

Frederick T. Pierson and Albert H. Sweet for defendant-appellant and third-party plaintiff-appellant.

Arthur VD. Chamberlain for plaintiff-respondent.

W. Clyde O'Brien for third-party defendant-respondent.

Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.

WHEELER, J.

Plaintiff was injured as the result of a fall which occurred on the "up" escalator between the second and third floors in the department store of the defendant, Sibley, Lindsay & Curr Co. (hereinafter referred to as "Sibley"). On the trial a jury rendered a verdict, awarding her substantial damages against that defendant.

Plaintiff's claim is predicated on the alleged negligence of Sibley...

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