LABETTI v. FANLEY ASSOCS. INC.


27 A.D.2d 654 (1967)

Gladys Labetti et al., Appellants, v. Fanley Associates Inc., Respondent

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

January 24, 1967


Judgment unanimously reversed, on the law, and on the facts, and a new trial ordered, with $50 costs and disbursements to abide the event.

In this personal injury action it is alleged the female plaintiff was caused to fall down a stairway of a multiple dwelling because of foreign matter on one of the steps. The court's charge enabled the jury to decide the issue of constructive notice to the defendant solely on the failure of the witness Carieri to observe the foreign...

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