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HOLDER v. BOWERY SAV. BANK, INC.

250 A.D.2d 813 (1998)

673 N.Y.S.2d 460

Kathleen Holder, Respondent, v. Bowery Savings Bank, Inc., Appellant, et al., Defendant

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

May 26, 1998

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County for a new trial on the issue of damages, with costs to abide the event.

The plaintiff sustained an avulsion fracture of the navicular of her right foot when she tripped and fell at one of the defendant's branches in February 1990. At the trial of this matter, the trial court permitted the plaintiff's medical expert...

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