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LEDERER v. SAMUEL BROADWAY FOOD CORP.

33 A.D.2d 553 (1969)

Emil Lederer, Respondent, v. Samuel Broadway Food Corp., Appellant

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

October 28, 1969

Judgment entered February 4, 1969 unanimously reversed on the law and a new trial ordered, with costs to abide the event.

In this personal injury negligence action, the Trial Justice instructed the jury that the defendant could not be held liable unless it had notice of the presence of the carton allegedly causing plaintiff's fall. The jury must predicate its verdict on the law as enunciated in the charge (see Employers' Liab. Assur. Corp. v. Post & McCord...

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