Appellate Division of the Supreme Court of New York, 1938

Dolson v. 93 Park Row Corp.

Dolson v. 93 Park Row Corp.
Appellate Division of the Supreme Court of New York · Decided November 18, 1938
255 A.D. 841; 7 N.Y.S.2d 1001; 1938 N.Y. App. Div. LEXIS 5553
Dolson v. 93 Park Row Corp.

Opinion of the Court

Judgment ucanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the following grounds: (1) The verdict is against the weight of the credible evidence; (2) the court erred in admitting in evidence the “ instructions ” alleged to have been given by the manager to the bus boy to clean the floor after the plaintiff had fallen. (Golden v. Horn & Hardart Co., Inc., 244 App. Div. 92; affd., 270 N. Y. 544.) Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.

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