GANGONE v. J. J. NEWBERRY CO., INC.


19 A.D.2d 539 (1963)

Rose Gangone et al., Respondents, v. J. J. Newberry Co., Inc., Appellant

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

May 13, 1963


Judgment reversed on the law and new trial granted, with costs to abide the event.

The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion it was error of law to refuse to permit the plaintiff to state that a portion of the step crumbled when she stepped on it. It is also our opinion that the charge as a whole was obscure and inadequately stated the issues and the applicable law (cf...

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