RABINOWITZ v. NEW YORK TEL. CO.


119 A.D.2d 741 (1986)

Randy Rabinowitz, Respondent, v. New York Telephone Company, Appellant. (And a Third-Party Action.)

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

April 21, 1986


Judgment reversed, on the law, with costs, and complaint dismissed.

The plaintiff claims that he injured his neck on a sharp metal telephone cord. He testified at the trial that, while using a public telephone, he noticed a portion of the metal cable was unraveled. While holding the telephone to his right ear, and while the telephone cord was slack, he heard a noise which caused him to turn to the left. He testified that, as he turned to his left, "the cord went around...

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