KULOVANY v. OHRBACH'S INC.


2 A.D.2d 997 (1956)

Carol Kulovany, an Infant, by Charlotte Kulovany, Her Guardian ad Litem, Respondent, et al., Plaintiff, v. Ohrbach's Inc., Appellant, and Third-Party Plaintiff. Otis Elevator Company, Third-Party Defendant-Respondent

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

December 28, 1956


Order dated February 28, 1956, insofar as it affirms the judgment in favor of the infant, reversed, without costs, and complaint dismissed. In all other respects, order unanimously affirmed, without costs.

There is no proof that the accident happened because of the negligence of Ohrbach's Inc., nor is there proof of facts from which it can reasonably be inferred that the accident could not have happened except for such negligence...

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