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REINER v. E. J. KORVETTE'S, INC.

75 A.D.2d 519 (1980)

Herbert Reiner, Respondent, v. E. J. Korvette's, Inc., Appellant

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

April 8, 1980

Plaintiff, a customer at defendant's store, sustained injuries on June 9, 1975, when he fell on a portion of the floor which was being washed and waxed. Defendant claimed that warning signs were posted, and plaintiff denied seeing any signs. Since the cause of action accrued prior to September 1, 1975 (CPLR 1411, 1412, 1413), plaintiff, under the testimony here, had the burden of proving his own freedom from contributory negligence...

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