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  5. 26 A.D.2d 78 (1966)
 

MITCHELL v. THE SHOALS, INC.

26 A.D.2d 78 (1966)

Yvonne L. Mitchell, Respondent, v. The Shoals, Inc., Appellant

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

June 14, 1966.

Attorney(s) appearing for the Case

John P. Carson of counsel (Sidney Jacobi, attorney), for appellant.

Marvin Lechtman of counsel (Richard E. Shandell with him on the brief; Fuchsberg & Fuchsberg, attorneys), for respondent.

RABIN and EAGER, JJ., concur with STEVENS, J.; STEUER, J., dissents in opinion in which BREITEL, J. P., concurs.

STEVENS, J.

The facts are fairly stated in the dissent, so will not be repeated at length. The testimony of the plaintiff — while, perhaps, susceptible to an inference of further drinks, after her fifth drink — is limited by her statement, "Nothing that I know of" in response to the question "[a]fter the fifth one, what did you have to drink?" All of the testimony is agreed that plaintiff fell asleep...

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