CORCORAN v. BANNER SUPER MKT.


36 Misc.2d 395 (1962)

Olga Corcoran, Plaintiff, v. Banner Super Market, Inc., et al., Defendants.

Supreme Court, Trial Term, Kings County.

September 5, 1962


Attorney(s) appearing for the Case

Paul Thau and Kramer & Dillof for plaintiff. Emanuel Morgenbesser, Lewis I. Wolf, Jerome Remer and Franklin L. Roberts for Banner Super Market, Inc., defendant. Terhune, Gibbons & Mulvehill (William J. Magee of counsel), for Francis J. Phelan and another, defendants.


JACOB J. SCHWARTZWALD, J.

This decision is made pursuant to section 440 of the Civil Practice Act.

The case was tried before the court without a jury and, with the consent of all of the parties, on the question of liability only.

The plaintiff Olga Corcoran, while walking along the sidewalk on the 10th day of March, 1957, at about 10:00 A.M., in front of premises 2052 and 2054 Flatbush Avenue...

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