LEE v. MOUNT IVY INDUS. DEVELOPERS, INC.


31 A.D.2d 958 (1969)

Arthur Lee et al., Respondents, v. Mount Ivy Industrial Developers, Inc., Appellant

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

March 24, 1969


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The findings of fact below are affirmed. In this case, one of the critical issues between the parties was defendant's control of the area in which the plaintiff wife was injured. After having retired at 12:35 P.M. upon the conclusion of the trial court's charge, the jury returned at 3:00 P.M. and requested and received a repetition of the instructions on control, as given in the charge...

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