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PATAFIO v. PORTA-CLEAN OF AM., LTD.

39 N.Y.2d 813 (1976)

Giovanna Patafio et al., Appellants, v. Porta-Clean of America, Ltd., et al., Defendants, and Burton F. Hoffman et al., Doing Business as Ferris Avenue Associates, Respondents. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided May 6, 1976.

Attorney(s) appearing for the Case

Thomas R. Newman and Benjamin H. Siff for appellants.

Gerald Director and Sol Zepnick for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

This case was submitted to the jury on two theories of liability — common-law negligence and negligence in consequence of asserted violations of provisions with respect to permissible slopes of "ramps" under subdivision 4 of section 270 of the Labor Law and section 708 of the White Plains Building Code. The Appellate...

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