IMBESE v. FIRST NAT'L STORES, INC.


23 A.D.2d 850 (1965)

Thomas P. Imbese, Respondent, v. First National Stores, Inc., Appellant

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

May 3, 1965


Judgment affirmed, with costs.

Plaintiff, while a customer in defendant's store, was injured when he slipped and fell on vegetables and other refuse. The accident occurred between two counters in front of which was a carton, leaving only two or three feet in which plaintiff was able to walk. On this appeal, defendant's sole contention is that the plaintiff was guilty of contributory negligence as a matter of law. Under the circumstances here, it is our opinion that...

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