JUSKOW v. TOW. ULANOW SWINTEGO JANA CHRZICIELA


4 A.D.2d 1003 (1957)

Michael Juskow, Respondent, v. Tow. Ulanow Swintego Jana Chrziciela (Cavalry Society of St. John the Baptise Inc.), Appellant, et al., Defendants

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

November 13, 1957


Judgment reversed on the law and facts, without costs of this appeal to any party, and a new trial granted.

Memorandum:

We believe that defendant's motion for a new trial should have been granted. The record is silent on any circumstances, either before or on the night in question, which put the defendant society on notice that guards or attendants should have been provided for the protection of occupants of the premises. Furthermore, the charge of the court...

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