DOLAN v. H. C. BOHACK, INC.


35 A.D.2d 672 (1970)

Marcella Dolan, Appellant, v. H. C. Bohack, Inc., Respondent

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

September 28, 1970


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

The questions of fact have not been considered. Looking at plaintiff's testimony in its most favorable light, it is clear that a question of fact was presented for submission to the jury. Moreover, plaintiff was erroneously restricted in the matter of proof of an alleged custom and practice self-imposed by defendant to correct the condition of slippery floors on a rainy day (Pignatelli...

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