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Rainville v. New York Telephone Co.

258 A.D. 754 Court N.Y. App. Div. Decision date 1939-10-31 English

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p. 754
Josephine M. Rainville, Respondent, v. New York Telephone Company, Appellant.

Action to recover damages for personal injuries sustained as the result of a fall by the plaintiff, a customer of the'defendant, upon a claimed “ mess of wax ” on the floor of the defendant’s place of business. Judgment for the plaintiff and order reversed on the facts and a new trial granted, with costs to abide the event. The finding of liability is against the weight of evidence. Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.