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NELSON v. CAFE WIENECKE

18 A.D.2d 392 (1963)

Inez Nelson, Respondent, et al., Plaintiff, v. Cafe Wienecke, Inc., Appellant

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

April 30, 1963.

Attorney(s) appearing for the Case

Lillian E. Cuff of counsel (George J. Conway, attorney), for appellant.

Richard E. Shandell of counsel (Desmond T. Barry and Edward A. Shandell with him on the brief; Barry, Treanor, Shandell & Brophy, attorneys), for respondent.

McNALLY, EAGER and STEUER, JJ., concur in Per Curiam opinion; RABIN, J. P., dissents in opinion in which STEVENS, J., concurs.

Per Curiam.

Plaintiff was a patron in defendant's cafe. While doing the samba on the dance floor, her partner swung her around, she went off the edge of the dance floor, and in some manner that she is unable to describe more fully, her "heel went down and something gave way, and I tripped and I lost my balance." At the moment, plaintiff was moving backward and her heel went off the dance floor. She claims that the...

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