HENNES v. BLITZ


44 A.D.2d 598 (1974)

Herbert Hennes, Respondent, v. Saul Blitz, Appellant

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

March 25, 1974


Interlocutory judgment reversed, on the law, with costs, and complaint dismissed.

The evidence produced by plaintiff failed to establish that the ladder supplied to him by defendant was defective. The proof was equally consistent with a possible finding that the condition of the cleat resulted from the fall of the ladder as it was with a possible finding that the condition of the cleat caused the fall. Thus, plaintiff failed to establish one of the requisite elements...

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