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RHODES v. TOWERS

49 A.D.2d 981 (1975)

Gail Rhodes, Respondent, v. Harry L. Towers et al., Doing Business as Norm's Hideaway, Defendants and Third-Party Plaintiffs-Appellants. Wayne H. Cleveland, Third-Party Defendant-Appellant. (Action No. 1.) Gail Rhodes, Respondent, v. Wayne H. Cleveland, Appellant. (Action No. 2.)

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

October 30, 1975

While plaintiff testified in her examination before trial that the floor was nice for dancing, that she did not know what caused her to fall, and that she noticed no foreign substance on the floor, Special Term points to testimony in an examination before trial of defendant, Norma Jean Towers, that defendant, Wayne Cleveland, "dumped" corn meal on the dance floor some time prior to plaintiff's fall. Thus, the court properly concluded that an issue of fact was raised as to...

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