Wollsteiner v. Ohrbach's, Inc.

Determination unanimously reversed, with costs to the appellant in this court and in the Appellate Term, the judgment of the Municipal Court vacated and the complaint dismissed, with costs. There was not a sufficient showing of the extent of the alleged dangerous condition to warrant a conclusion without further evidence that defendant had constructive notice of the alleged condition. Concur — Peek, P. J., Breitel, Botein, Rabin and Cox, JJ.