CHERNOWSKI v. G. R. KINNEY CO., INC.


22 A.D.2d 748 (1964)

Ellen M. Chernowski, an Infant, by Michael P. Chernowski, Her Guardian ad Litem, et al., Respondents, v. G. R. Kinney Co., Inc., Appellant

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

October 22, 1964


Judgment unanimously reversed on the law and facts, without costs of this appeal to either party and a new trial granted.

Memorandum:

The infant plaintiff was injured when she slipped and fell on a floor in defendant's store. The trial court correctly instructed the jury that "the mere waxing and polishing of a linoleum floor in a retail business place is not negligence" (Curren v. O'Connor, 304 N.Y. 515, 518; Nelson...

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