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Romano v. Lazare & Kaplan, Inc.

260 A.D. 941 Court N.Y. App. Div. Decision date 1940-11-12 English

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p. 941
Andrea Romano, Appellant, v. Lazare & Kaplan, Inc., Respondent.

In an action brought by the plaintiff to recover damages for injuries sustained by him as a result of the negligence of the defendant’s employee in dropping a piece of iron or steel upon the plaintiff, judgment dismissing the complaint entered on the motion of the defendant at the close of the case, reversed on the law and a new trial granted, with costs to abide the event. The evidence presented a question of fact for the jury and it was error to dismiss the complaint. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.