SCHNER v. SIMPSON


286 A.D. 716 (1955)

Charles Schner, Jr., et al., as Executors of Charles Schner, Deceased, et al., Respondents, v. Seymour Simpson et al., Doing Business under the Name of Garden Food Company, Appellants, et al., Defendant

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

November 29, 1955.


Attorney(s) appearing for the Case

George A. Garvey of counsel (Garvey & Conway, attorneys), for appellants.

Myron Sulzberger, Jr., of counsel (Seymour S. Epstein with him on the brief; Sulzberger & Sulzberger, attorneys), for respondents.

BREITEL, J. P., BOTEIN, RABIN and BERGAN, JJ., concur.


BASTOW, J.

The plaintiffs have obtained a judgment against the appellants in an action to recover damages for injuries claimed to have been received by the plaintiff, Florence Schner. At the time of the accident two of appellants' employees were standing in front of an open cellarway facing the building occupied by the appellants for use as a market. A truck was parked at the curb and a slide or roller had been...

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