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KADUSHIN v. PHILMAC REALTY CORP.

No. 59-668.

128 So.2d 400 (1961)

Samuel KADUSHIN, Appellant, v. PHILMAC REALTY CORP., a Florida corporation, d/b/a Corsair Hotel, Appellee.

District Court of Appeal of Florida. Third District.

March 30, 1961.

Attorney(s) appearing for the Case

Fuller Warren and Kenneth L. Ryskamp, Miami, for appellant.

Tobin, Rubin & Salmon, Miami, for appellee.

PEARSON, TILLMAN, Judge.

The appellant as plaintiff alleged that he was injured when a large portion of the ceiling of a hotel in which he was a paying guest fell upon him. The defendant answered by a general denial of negligence and by way of affirmative defense alleged that the proximate cause of the plaintiff's injuries was a latent defect or an act of God or contributory negligence of the plaintiff. After the completion of discovery procedure the defendant moved...

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