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CASTLEBERRY v. HUDSON VALLEY ASPHALT CORP.

60 A.D.2d 878 (1978)

William Castleberry et al., Appellants-Respondents, v. Hudson Valley Asphalt Corp., Respondent-Appellant

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

January 23, 1978

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

It was reversible error for the trial court to have permitted testimony that about 18 days prior to the accident, another individual had been injured as a result of his having slipped on the defendant's platform. On that date, unlike the day on which plaintiff William Castleberry was injured, it had been raining heavily, thus making the...

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