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Budrow v. Grand Union Company

Appellate Division of the Supreme Court of New York, Third Department
Nov 15, 1950
277 A.D. 1079 (N.Y. App. Div. 1950)

Opinion

November 15, 1950.

Appeal from Supreme Court, Clinton County.


The plaintiff sustained injuries as the result of a fall on the floor of defendant's store in Plattsburgh, New York. All that the record discloses is that the floor had been oiled not less than three weeks prior to the accident, that it was in uniform condition and that there was sufficient oil remaining to leave a white mark on the floor where plaintiff's heel scraped across it and to soil plaintiff's stocking when she fell. There is not one scintilla of evidence to indicate that the method of applying the oil to the floor was improper or that there was any unusual accumulation thereof at the point where the accident occurred. In fact, there is no evidence that plaintiff slipped on any oil or that oil was the proximate cause of the accident. Judgment reversed, on the law, and the complaint dismissed, without costs. The facts implicit in the judgment are affirmed. Brewster, Deyo and Coon, JJ., concur; Foster, P.J., and Bergan, J., dissent.


Summaries of

Budrow v. Grand Union Company

Appellate Division of the Supreme Court of New York, Third Department
Nov 15, 1950
277 A.D. 1079 (N.Y. App. Div. 1950)
Case details for

Budrow v. Grand Union Company

Case Details

Full title:ANNA BUDROW, Respondent, v. GRAND UNION COMPANY, Appellant

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

Date published: Nov 15, 1950

Citations

277 A.D. 1079 (N.Y. App. Div. 1950)

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