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PERITO v. SUNRISE SUPERMARKET

33 Misc.2d 627 (1961)

Blanche Perito et al., Respondents, v. Sunrise Supermarket Corp., Appellant, and Liebmann Breweries, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

December 6, 1961

Attorney(s) appearing for the Case

Bernard Helfenstein and Joel Bernstein for appellant. Harry Blum for plaintiffs-respondents. Clark Fox & La Guardia (Seymour L. Morgenroth of counsel), for defendant-respondent.

Di GIOVANNA and BENJAMIN, JJ., concur; HART, J., concurs in part.

Per Curiam.

We are of the opinion that the res ipsa loquitur doctrine is applicable to the situation at bar (Robinson v. Atlantic & Pacific Tea Co., 184 Misc. 571, affd. 269 App. Div. 977; Higgins v. Ruppert, 124 App. Div. 530). However, the charge to the jury on this aspect of the case was wholly inadequate and the refusal to charge that the rule is a presumption which may be overcome by...

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