VACCARO v. SAFCHIK


9 Misc.2d 336 (1957)

Antonnette Vaccaro et al., Respondents, v. Benjamin Safchik et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 2, 1957.


Attorney(s) appearing for the Case

John C. MacCarthy for appellants.

Milton Boxer and Alan Leonard Levy for respondents.

PETTE, HART and BROWN, JJ., concur.


Per Curiam.

Defendants cannot be held liable for the injuries to plaintiff wife resulting from her slipping on several grapes on the floor of the taxicab unless it is established that this foreign substance was placed there by defendants or that they knew or by the exercise of proper care and diligence should have known of the presence of such foreign substance and failed to remove it. It was error for the court to state in the presence of the jury that defendants...

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