O'BRIEN v. OVINGTON HALL, INC.


40 A.D.2d 874 (1972)

Mary A. O'Brien, Respondent, v. Ovington Hall, Inc., Appellant

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

November 27, 1972


Judgment reversed, on the law and the facts, with costs, and complaint dismissed.

In our opinion, plaintiff failed to present proof sufficient to justify the trial court's presenting the case to the jury for its decision. No competent proof as to the temperature of the steam pipe in question was presented by plaintiff and hence the judgment must be reversed and the complaint...

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