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WASHINGTON v. LONGVIEW TERRACE APARTMENTS, INC.

37 A.D.2d 809 (1971)

Elizabeth Washington, Respondent, v. Longview Terrace Apartments, Inc., Appellant

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

October 4, 1971

No evidence was offered by plaintiff that she momentarily forgot how fast the doors closed. Consequently the verdict implying a finding exculpating plaintiff from contributory negligence is against the weight of the evidence. The failure to have in mind the existence of a dangerous condition at the time one encounters it, even though there had been knowledge of the condition in the past, presents a question of fact. It is for the...

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