SCHREIBER v. PHILIP & MORRIS REST.


25 A.D.2d 262 (1966)

Otto Schreiber, Respondent, v. Philip & Morris Restaurant Corp., Appellant

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

March 31, 1966.


Attorney(s) appearing for the Case

William F. McNulty of counsel (Bachkoff, Miller & Steger, attorneys), for appellant.

Harvey Goldstein of counsel (Meyer Schiff, Charles H. Sterenfeld and Alan J. Sterenfeld with him on the brief; Werner & Alfano, attorneys), for respondent.

BOTEIN, P. J., BREITEL, STEVENS and STEUER, JJ., concur in Per Curiam opinion; RABIN, J., concurs in result.


Per Curiam.

Defendant restaurant appeals from a judgment based on a jury verdict of $25,000 in favor of plaintiff after trial of a personal injury negligence action.

Plaintiff, a retired 78-year-old minister, had been under treatment for 10 years prior to the accident in suit, for cataracts in both eyes. He sustained grave injuries to one of his diseased eyes following a fall from a step or platform leading into the men's room located at the bottom...

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