MAGNAN v. SUPERMARKETS GEN. CORP.


49 A.D.2d 910 (1975)

Jane Magnan et al., Appellants, v. Supermarkets General Corp., Defendant and Third-Party Plaintiff-Respondent. Andressi Excavators, Third-Party Defendant

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

October 14, 1975


The judgment also recites that the third-party complaint is dismissed. Judgment reversed, on the law and in the interest of justice, and new trial granted as to all parties and causes, with costs to abide the event.

No questions of fact were considered or reached on this appeal. The issue of constructive notice was a question of fact for the jury. Under the circumstances, it was error for the Trial Justice to dismiss the...

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