Appellate Division of the Supreme Court of New York, 1940

Romano v. Lazare & Kaplan, Inc.

Romano v. Lazare & Kaplan, Inc.
Appellate Division of the Supreme Court of New York · Decided November 12, 1940
260 A.D. 941; 23 N.Y.S.2d 213; 1940 N.Y. App. Div. LEXIS 5554
Romano v. Lazare & Kaplan, Inc.

Opinion of the Court

In an action brought by the plaintiff to recover damages for injuries sustained by him as a result of the negligence of the defendant’s employee in dropping a piece of iron or steel upon the plaintiff, judgment dismissing the complaint entered on the motion of the defendant at the close of the case, reversed on the law and a new trial granted, with costs to abide the event. The evidence presented a question of fact for the jury and it was error to dismiss the complaint. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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