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CROMBIE v. MILLER

14 A.D.2d 895 (1961)

Dorothy C. Crombie et al., Appellants, v. Hubert J. Miller et al., Individually and as Partners Trading as Valley Inn, Respondents

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

November 13, 1961

Judgment affirmed, without costs.

The accident here occurred in March, 1955. The bill of particulars was served in September, 1957. At the trial in September, 1960, plaintiffs' new counsel in his opening statement referred to the cause of the accident as an accumulation of snow and ice on the concrete step underneath the mat. Upon objection by defendants, the court excluded any evidence concerning snow and ice, on the ground...

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