Appellate Division of the Supreme Court of New York, 1933

Butensky v. Goldberg

Butensky v. Goldberg
Appellate Division of the Supreme Court of New York · Decided November 15, 1933
240 A.D. 892
Butensky v. Goldberg

Opinion of the Court

Judgment reversed on the law and a new trial granted, costs to appellant to abide the event. There was a question of fact as to the negligence of defendant. (Greenley v. Miller’s, Incorporated, 111 Conn. 584.) Lazansky, P. J., Carswell and Davis, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm. (Wein v. Woolworth Co., 223 App. Div. 794; Woolworth & Co. v. Conboy, 170 Fed. 934; Lord v. Sherer Dry Goods Co., 205 Mass. 1.)

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