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Pascucci v. Intrastate Theatre Corp.

1 A.D.2d 938 Court N.Y. App. Div. Decision date 1956-03-21 English

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p. 938
Eva A. Pascucci, Appellant, v. Intrastate Theatre Corporation, Respondent.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that, in our view of it, the evidence presented a question of fact as to the negligence of the defendant. All concur. (Appeal from a judgment of Cattaraugus Trial Term dismissing the complaint at the close of plaintiff’s ease, in a negligence action.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Bastow, JJ.