HERMAN v. OHRBACH'S, INC.


15 A.D.2d 549 (1961)

Harvey Herman, an Infant, by His Guardian ad Litem, Aaron Herman, et al., Appellants, v. Ohrbach's, Inc., Respondent, et al., Defendant

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

December 20, 1961


Order reversed, with $10 costs and disbursements, and motion denied.

It appears that on August 27, 1957 Ohrbach's employed plaintiff as a cashier on the fourth floor of its store; that he left the store premises at 12:05 for lunch; that shortly thereafter he returned to the tenth floor of the premises to seek a companion to go out to lunch; and that he sustained injuries while leaving the elevator as it fell 10 floors. The elevator was operated by another employee...

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