BARONE v. 111 EAST 39TH ST. CORP.


38 A.D.2d 797 (1972)

Josephine Barone, Individually and as Administratrix of The Estate of Fred Barone, Deceased, Respondent, v. 111 East 39th Street Corp. et al., Appellants

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

February 3, 1972


In this closely contested action for personal injuries the issue was whether the replacement of a broken window sash chain was made in a negligent manner. The issue was further narrowed as to whether or not the stripping was replaced flush with the window or some inches away. Plaintiff volunteered the information that after the accident the stripping was properly placed. This was vigorously denied. While the court struck this testimony and admonished the jury to disregard...

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