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CORCORAN v. BANNER SUPER MKT.

19 N.Y.2d 425 (1967)

Olga Corcoran, Appellant, v. Banner Super Market, Inc., Respondent-Appellant, and Frances J. Phelan et al., as Executors of Margaret L. Kane, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided April 20, 1967.

Attorney(s) appearing for the Case

Benjamin H. Siff, Paul Thau and Charles Kramer for appellant.

Lewis I. Wolf and Emanuel Morganbesser for respondent-appellant.

James J. McLaughlin, Jr., and William J. Magee for Frances J. Phelan and another, executors, respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur; Judge VAN VOORHIS concurs in result.

KEATING, J.

Olga Corcoran was walking down Flatbush Avenue, Brooklyn, when she was struck by a board which fell from a space between two abutting store premises. 2052 Flatbush Avenue was operated as a fruit store. The owner is not a defendant in this action.

2054 Flatbush Avenue was owned by Margaret Kane. Her executors are defendants in this action as well as the Banner Super Market, Inc., which was...

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