MICCIO v. ELDABA REALTY CORP.


9 A.D.2d 940 (1959)

Frederick Miccio, an Infant, by Jean Miccio, His Guardian ad Litem, et al., Respondents, v. Eldaba Realty Corp., Appellant

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

December 29, 1959


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

In our opinion, there was no proof that the loose knob was the proximate cause of the fall. We may also note that, even assuming that appellant's negligence was the cause of the fall, the verdict is grossly excessive unless predicated on a finding that the infant sustained an injury to his head resulting in traumatic epilepsy. Any such finding is against the weight of the credible evidence....

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