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Brooks v. California Fruit Markets, Inc.

259 A.D. 1056 Court N.Y. App. Div. Decision date 1940-06-05 English

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p. 1056
Edward J. Brooks, as Administrator,etc., of Grace E. Brooks, Deceased, Appellant, v. California Fruit Markets, Inc., Respondent.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that there was a jury question as to the defendant’s negligence. All concur, except Crosby, P. J., and Taylor, J., who dissent and vote for affirmance. (The judgment dismisses the complaint in a negligence action.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.