GIANCOLA v. DAMAR REALTY CORP.


23 A.D.2d 548 (1965)

Harold A. Giancola, Respondent, v. Damar Realty Corp., Appellant

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

February 9, 1965


Determination of the Appellate Term unanimously affirming a judgment of the Civil Court entered in plaintiff's favor, unanimously reversed on the law and on the facts, with $50 costs to appellant, and the complaint dismissed.

The trial court, in finding for the plaintiff, must of necessity have found that the manner of construction of the door or of its maintenance created a condition of foreseeable danger. After having examined the pertinent exhibit we can come to...

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