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

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


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.

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

© 1998 VersusLaw Inc.



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