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Zaino v. Frutkin

249 A.D. 628 Court N.Y. App. Div. Decision date 1936-11-06 English

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p. 628
Mary Zaino and Gaetano Zaino, Appellants, v. Hyman M. Frutkin, Respondent.

Plaintiff-wife, a patient of defendant—a dentist—was injured when she stumbled over a control box alleged to have been placed in the passageway leading from the operating room. Judgment dismissing the complaint at the close of plaintiffs’ case reversed on the law and a new trial granted, with costs to appellants to abide the event. In our opinion the plaintiff-wife and her husband, who sued for his expenses, established a prima Jade case and it was error to dismiss the complaint. It was for the jury to pass upon the credibility of the witnesses and plaintiff-wife’s alleged contributory negligence. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.