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MEYERS v. GRAND UNION CO.

30 A.D.2d 704 (1968)

Elsie Meyers, Individually and as Administratrix of The Estate of Gus Meyers, Deceased, Respondent, v. Grand Union Company, Appellant, et al., Defendants

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

June 24, 1968

Reversed, on the law and the facts, with costs, and complaint dismissed.

The doctrine of res ipsa loquitur was not relied on at the trial and cannot be relied on for the first time on appeal. In any event the doctrine is not applicable under the circumstances of this case. Further, there was no proof of a dangerous condition or notice of such condition to appellant (Cameron v. Bohack Co., 27 A.D.2d 362

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