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SCHILLER v. F. W. WOOLWORTH CO.

51 A.D.2d 784 (1976)

Babette Schiller et al., Respondents, v. F. W. Woolworth Co., Appellant

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

February 17, 1976

Judgment affirmed, with costs.

The issue of contributory negligence was properly one for the jury to decide and the damages awarded do not shock the conscience of the court.

Cohalan, J., dissents and votes to reverse the judgment and grant a new trial, with the following memorandum:

On direct examination, plaintiff Babette Schiller, a 69-year-old woman who wore glasses only while reading, testified that she was shopping in defendant's...

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