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Himovitch v. O'Dowd

240 A.D. 910 Court N.Y. App. Div. English

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Majority

p. 910
Heiman Himovitch, Appellant, v. Thomas O’Dowd, Respondent.

Judgment dismissing the complaint at the close of plaintiff’s case reversed on the law and a new trial granted, with costs to appellant to abide the event, on the ground that the claimed failure of defendant adequately to light the passageway required a submission of the cause to the jury. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.