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PIGNATELLI v. GIMBEL BROS.

285 A.D. 625 (1955)

Myrtle L. Pignatelli, Respondent, v. Gimbel Brothers, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 1955.

Attorney(s) appearing for the Case

John Nielsen of counsel (John P. Smith, attorney), for appellant.

Zenaida Drabkin of counsel (Grace H. Connell, attorney), for respondent.

PECK, P. J., BASTOW and RABIN, JJ., concur with BOTEIN, J.; CALLAHAN, J., dissents and votes to reverse and order a new trial, in opinion.

BOTEIN, J.

After a complete trial, the jury returned a verdict in favor of plaintiff, who, after entering the vestibule of defendant's store, slipped on some mud and was caused to fall and sustain substantial injuries.

Defendant, relying upon the leading case of Miller v. Gimbel Bros. (262 N.Y. 107) contends that plaintiff failed to make out a prima facie case. So much reliance has been placed by other defendants on the Miller decision...

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