ROSS v. BLOOMINGDALE BROS.


205 Misc. 104 (1953)

Blanche A. Ross, Appellant, v. Bloomingdale Bros., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

November 5, 1953.


Attorney(s) appearing for the Case

Bennett Frankel for appellant.

John Nielsen and John P. Smith for respondent.

SCHREIBER and HECHT, JJ., concur; EDER, J., dissents and votes to affirm.


Per Curiam.

Plaintiff established a prima facie case since her accident, on the basis of her testimony, could only have occurred if the escalator was defectively constructed or designed. If the condition which caused the accident was due to a defect in the escalator not resulting from its construction or design, it was for the defendant to introduce evidence to that effect. On the basis of plaintiff's testimony indicating that she did nothing improper while...

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