PULEO v. CASA DOMENICK GUFFANTI, INC.


9 A.D.2d 662 (1959)

Rose Puleo et al., Respondents, v. Casa Domenick Guffanti, Inc., Appellant

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

October 20, 1959


Judgment appealed from unanimously reversed on the law and in the exercise of discretion and a new trial ordered, with costs to abide the event.

On the trial the theory upon which recovery was sought was that the defect in the metal nosing of the stairs constituted a trap. Plaintiff testified that the tip of her right shoe "stuck in the metal nosing of the step." However the bill of particulars alleged that the defendant...

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