STEERS v. NAT'L EXHIBITION CO.


20 A.D.2d 760 (1964)

John J. Steers, Respondent, v. National Exhibition Company et al., Appellants

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

March 10, 1964


Determination of Appellate Term affirmed, with costs to respondent.

No opinion.

RABIN, J.

I dissent and vote to reverse the judgment and dismiss the complaint. On this record I conclude that the plaintiff has failed to prove negligence on the part of the defendant. Assuming that there were a defective condition of the step, there was no proof that defendant had notice thereof. The plaintiff has clearly failed to prove actual notice and...

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