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  5. 19 N.Y.2d 203 (1967)
 

SPETT v. PRESIDENT MONROE BLDG. CORP.

19 N.Y.2d 203 (1967)

Henry C. Spett, Appellant, v. President Monroe Building & Manufacturing Corp., Defendant, and Rose Levine, Doing Business as Harvey Printing Co., Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1967.

Attorney(s) appearing for the Case

Benjamin H. Siff for appellant.

William L. Shumate and Richard Formidoni for respondent.

Chief Judge FULD and Judges BERGAN, KEATING and BREITEL concur with Judge BURKE; Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.

BURKE, J.

Plaintiff appeals from an order of the Appellate Division affirming, without opinion, one Justice dissenting, a judgment of the Supreme Court entered in favor of defendant Rose Levine, doing business as Harvey Printing Co. (hereinafter referred to as Harvey), following the trial court's setting aside a jury verdict in plaintiff's favor.

Plaintiff suffered the injuries here sued for when he tripped...

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