CLARKE v. SHARP TRADING CORP.


19 Misc.2d 555 (1959)

Constance Clarke et al., Plaintiffs, v. Sharp Trading Corporation, Defendant.

Supreme Court, Trial Term, Nassau County.

November 4, 1959.


Attorney(s) appearing for the Case

Milton Boxer for plaintiffs.

Bernard Helfenstein for defendant.


MARIO PITTONI, J.

Motion for a preference is denied.

The cause of action arises out of the plaintiff's fall caused by tripping over a defective carpet runner in a hotel.

The plaintiff, a woman 40 years of age, was suffering from a heart condition prior to the fall. The physician's affidavit says that this "previous heart abnormality was aggravated by the fall"; and also that she "may not...

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