RUSIN v. JACKSON HGTS. CTR.


58 Misc.2d 107 (1968)

John Rusin, Plaintiff, v. Jackson Heights Shopping Center, Inc., Defendant and Third-Party Plaintiff. Keystone Fireproofing Corp. et al., Third-Party Defendants.

Supreme Court, Trial Term, Kings County.

October 16, 1968


Attorney(s) appearing for the Case

Schaffner & Lawless (Harold Cowin of counsel), for defendant and third-party plaintiff. Harry H. Lipsig and Joseph Castleman for plaintiff. McLaughlin, Fiscella & Biancheri (Richard Foronjy of counsel), for third-party defendants.


MURRAY T. FEIDEN, J.

In an action for damages for personal injuries submitted to the jury solely on the issue of liability, the defendant, Jackson Heights Shopping Center, Inc., moves to set aside a verdict in favor of the plaintiff and to dismiss the complaint as a matter of law. The defendant did not present any proof at the trial.

The conceded or undisputed facts are as follows: On March 23, 1959...

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