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STELLATO v. FLAGLER PARK ESTATES, INC.

3 A.D.2d 680 (1957)

Ciro Stellato, Respondent, v. Flagler Park Estates, Inc., et al., Appellants Flagler Park Estates, Inc., Third-Party Plaintiff-Respondent, v. Industrial Engineering Co., Inc., Third-Party Defendant-Appellant

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

January 28, 1957

Judgment reversed and a new trial granted, with costs to abide the event.

It was error for the court to refuse to charge as requested in requests numbered 6 and 7 of appellant Flagler Park. There was evidence from which the jury might have found that lumber was negligently piled on the sidewalk bridge to a height equal to or in excess of that of the guard rail and that such negligence would not be attributable to appellant...

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