Hyperlawhypertext legal database Kelder v. Alexander's Department Stores, Inc. 51 A.D.2d 708

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Kelder v. Alexander's Department Stores, Inc.

51 A.D.2d 708 Court N.Y. App. Div. Decision date 1976-02-19 English

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p. 708
Belle D. Kelder et al., Appellants, v Alexander’s Department Stores, Inc. Respondent.

Judgment, Supreme Court, Bronx County, entered May 10, 1973, dismissing complaint at close of plaintiffs’ case, is unanimously affirmed, without costs and without disbursements. Apart from other deficiencies in plaintiffs’ proof, there was no evidence that defendant had notice, either active or constructive, of the claimed dangerous condition. Concur—Markewich, J. P., Kupferman, Lupiano, Silverman and Lynch, JJ.