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PARANZINO v. YONKERS RACEWAY

9 Misc.2d 378 (1957)

Frances Paranzino, also Known as Frances Scarpinato, Respondent, v. Yonkers Raceway, Inc., et al., Appellants. Yonkers Raceway, Inc., Third-Party Plaintiff-Respondent, v. Pinkerton's National Detective Agency, Inc., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

December 5, 1957.

Attorney(s) appearing for the Case

Nathan S. Oliver and Frank Helewitz for plaintiff-respondent.

Fritz J. Dietel for Yonkers Raceway, Inc., defendant-appellant and third-party plaintiff-respondent.

Lillian E. Cuff for Jules Schwartz, defendant-appellant.

William F. Larkin for third-party defendant-appellant.

HECHT, J., concurs in opinion; HOFSTADTER, J., concurs in result.

STEUER, J.

Plaintiff suffered personal injuries when she fell on a stairway while a patron at the Yonkers Raceway. The theory of her complaint, supported by her proof, was that in descending the stairway she was caused to fall by reason of litter on the stairs and a push given her by another patron. She sued Yonkers Raceway, Inc., the operator of the race track (hereinafter called Yonkers) and Jules Schwartz...

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