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PETERSEN v. FORTY-FIVE NEVINS ST.

36 Misc.2d 178 (1962)

John H. Petersen, Plaintiff, v. Forty-Five Nevins Street Corporation et al., Defendants.

Supreme Court, Trial Term, Kings County.

April 26, 1962

Attorney(s) appearing for the Case

Wilson, Spiegelman & Sternin for plaintiff. Terhune, Gibbons & Mulvehill for Forty-Five Nevins St. Corp. and another, defendants. Evans, Orr, Gourlay & Pacelli for Seaberg Elevator Co., defendant.

BENJAMIN BRENNER, J.

The plaintiff claims prejudicial error for allowing evidence upon trial of his repeated falls elsewhere prior to the instant accident, though the jury was instructed that it may consider such prior incidents for the sole purpose of evaluating the manner in which plaintiff moved about relative to his long-existing cerebral palsy condition.

It seemed to me during trial, as it does...

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