BINDER v. SUPERMARKETS GEN. CORP.


49 A.D.2d 562 (1975)

Marie Binder et al., Respondents, v. Supermarkets General Corporation et al., Appellants, and Robbins Construction Company, Respondent. (And a Third-Party Action.)

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

July 7, 1975


Judgment reversed insofar as appealed from, on the law and in the interests of justice, without costs, and as between plaintiffs and appellants, action severed and new trial granted.

The questions of fact have not been considered on these appeals. The trial court's refusal to charge the jury that slight negligence on the part of plaintiff Marie Binder would bar recovery, considered together with the court's charge that "to...

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