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KLOBUKOWSKI v. BENEVOLENT & PROTECTIVE ORDER OF ELKS, AMSTERDAM LODGE NO. 101

32 A.D.2d 596 (1969)

Clement Klobukowski, Respondent, v. Benevolent and Protective Order of Elks, Amsterdam Lodge No. 101, et al., Ppellants

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

April 24, 1969

MEMORANDUM BY THE COURT.

This action was pleaded and tried on the theory of common-law negligence. The respondent while in the status of a business invitee upon the appellants' premises was injured when some flooring upon which he was standing gave way. Insofar as the appellants contend that the court erred in failing to charge as to notice of a defect on the part of the appellants, we note that they made no such request to charge, nor took any exception upon that...

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