MITCHELL v. QUINCY AMUSEMENTS, INC.

2016-10498. Index No. 60147/13.

168 A.D.3d 925 (2019)

92 N.Y.S.3d 356

2019 NY Slip Op 00430

Tracey Mitchell, Appellant, v. Quincy Amusements, Inc., Doing Business as Cross County Multiplex Cinema, Respondent.

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

Decided January 23, 2019.


Ordered that the judgment is reversed, on the law, with costs, the plaintiff's motion pursuant to CPLR 4404 (a) to set aside the jury verdict, inter alia, as contrary to the weight of the evidence and for a new trial is granted, and the complaint is reinstated.

The plaintiff alleged that after entering the auditorium to attend the showing of a movie at the defendant's multiplex theater, she entered a row of seats, slipped on what she believed to be popcorn oil, and...

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