Appellate Division of the Supreme Court of New York, 1976

Martinez v. Store Realty Corp.

Martinez v. Store Realty Corp.
Appellate Division of the Supreme Court of New York · Decided June 22, 1976
53 A.D.2d 561; 384 N.Y.S.2d 833; 1976 N.Y. App. Div. LEXIS 13180
Martinez v. Store Realty Corp.

Opinion of the Court

Judgment, Supreme Court, Bronx County, entered June 27, 1975, setting aside a jury verdict for plaintiffs-appellants, and dismissing the complaint for failure of a prima facie case, unanimously affirmed, without costs and without disbursements. The evidence did not sustain the existence of a causal relation between disrepair of the bottom of a window and the unfortunate fall of the infant plaintiff therefrom. Concur—Markewich, J. P., Kupferman, Lupiano, Birns and Lane, JJ.

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