KONSEK v. STOP-N-GO FOODS, INC.


116 A.D.2d 1022 (1986)

Rosemarie A. Konsek, Appellant, v. Stop-N-Go Foods, Inc., et al., Respondents

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

January 24, 1986


Judgment unanimously reversed, on the law, with costs, and new trial granted.

Memorandum:

The court erred in refusing plaintiff's request to charge the jury that evidence of absence of prior accidents at the location where plaintiff fell was a factor for the jury to consider but was not conclusive on the issue of whether the sidewalk was defective (see, Orlick v Granit Hotel & Country Club, 30 N.Y.2d 246

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