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Pike v. Sillins

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1969
31 A.D.2d 805 (N.Y. App. Div. 1969)

Opinion

February 25, 1969


Judgment entered June 21, 1968, unanimously reversed on the law and a new trial ordered with costs to abide the event. Plaintiff's wife was injured when she fell on the lobby floor of premises controlled by respondents. There was proof that following the fall a skid mark was observed on the floor and flakes of wax adhered to plaintiff's shoe and stocking. A qualified expert in reply to a hypothetical question based on these facts expressed the opinion that successive layers of wax had been applied to the floor; that this was not in accord with proper custom and was an improper procedure. This distinguishes this case from Silva v. American Irving Sav. Bank ( 31 A.D.2d 620). Respondents submitted no proof. The trial court erred in dismissing the complaint. Factual issues were presented that should have been submitted to the jury. ( Reisner v. New York Kosher Provisions, 25 A.D.2d 511; Garrison v. Lockheed Aircraft Service-New York, 24 A.D.2d 998.)

Concur — McNally, Steuer and Bastow, JJ.; Capozzoli, J.P., and Nunez, J., concur in the result.


Summaries of

Pike v. Sillins

Appellate Division of the Supreme Court of New York, First Department
Feb 25, 1969
31 A.D.2d 805 (N.Y. App. Div. 1969)
Case details for

Pike v. Sillins

Case Details

Full title:HILDA V. PIKE et al., Appellants, v. ROBERT SILLINS et al., Copartners…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 25, 1969

Citations

31 A.D.2d 805 (N.Y. App. Div. 1969)

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