BONET v. 600 WEST 133RD ST. CORP.


37 A.D.2d 556 (1971)

Isabel R. Bonet, Also Known as Isabel Fandino, et al., Appellants, v. 600 West 133rd Street Corp., Respondent, et al., Defendant

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

June 29, 1971


Although the discharged superintendent testified that plaintiffs informed him of the alleged accident and it appeared that respondent's president visited the premises once or twice a week, the latter's first notification of the occurrence was by service of the summons and complaint almost three months later. An experienced Judge heard and observed the witnesses and their credibility was to be assessed by him. He obviously did not believe plaintiffs or their witnesses.

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