BAISLEY v. ROSE


35 A.D.2d 841 (1970)

Frank Baisley, Appellant, v. Nelson Rose, Doing Business as Come Inn to Roseland, Respondent

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

November 30, 1970


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

The questions of fact have not been considered. The injuries were claimed to have been sustained by plaintiff when he fell on the floor of defendant's premises while he was a guest at a wedding reception. In our view, his evidence, if believed by a jury, would permit a finding that an excessive quantity of an unknown substance was spread on the floor shortly before plaintiff's fall...

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