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LEON SIMON v. BROADWAY MAINTENANCE CORP. ET AL. (11/24/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.43564 <http://www.versuslaw.com>; 306 N.Y.S.2d 652; 33 A.D.2d 704 November 24, 1969 LEON SIMON, APPELLANT,v.BROADWAY MAINTENANCE CORP. ET AL., RESPONDENTS, ET AL., DEFENDANT In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered October 9, 1968 in favor of defendants-respondents upon the trial court's dismissal of the complaint at the close of plaintiff's case upon a jury trial. Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.


In an action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered October 9, 1968 in favor of defendants-respondents upon the trial court's dismissal of the complaint at the close of plaintiff's case upon a jury trial.

Christ, Acting P. J., Brennan, Rabin, Benjamin and Munder, JJ., concur.

The issue of whether the space where plaintiff was working had been reserved as a passageway was factual and should have been submitted to the jury for determination.

Disposition

 Judgment reversed, on the law, and new trial granted, with costs to abide the event.

19691124

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