ROSE v. BAGON


37 A.D.2d 949 (1971)

Jeanne B. Rose, Appellant, v. Patrick Bagon, Doing Business as Easy Care Hairdressers, et al., Respondents

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

November 23, 1971


There was sufficient proof of actionable negligence against defendant Bagon to make out a prima facie case. The question of notice should not have been ruled out since the jury could have determined that Bagon knew, or should have known, of the defect in the chair from the evidence that when Bagon took over the beauty parlor another chair, similarly broken in two parts, was found in the rear of the store. Also, the mere observation of the chair at the welded joinder of the...

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