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COURTNEY v. ABRO HARDWARE CORP.

286 A.D. 261 (1955)

Lillian Courtney, as Administratrix of The Estate of Francis A. Courtney, Deceased, Appellant, v. Abro Hardware Corp., Respondent, et al., Defendant

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

June 28, 1955.

Attorney(s) appearing for the Case

Joseph Kane for appellant.

Frank J. Horan of counsel (Phillips, Ahearn & Bivin, attorneys), for respondent.

CALLAHAN, BOTEIN and RABIN, JJ., concur in Per Curiam opinion; BREITEL, J., dissents and votes to affirm in opinion in which COHN, J. P., concurs.

Per Curiam.

On November 23, 1946, the deceased, Francis A. Courtney, fell while descending a stairway in the premises 521-529 W. 207th Street, borough of Manhattan, New York City. He was rendered unconscious, and died the following day.

The premises are a two-story building. The first floor is occupied by stores, and the second floor consists of a meeting room or hall, approximately 60 by 100 feet, which was...

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