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  5. 18 N.Y.2d 872 (1966)
 

OLSEN v. ST. MARGARET OF SCOTLAND ROMAN CATHOLIC CHURCH

18 N.Y.2d 872 (1966)

Fannie F. Olsen et al., Respondents, v. St. Margaret of Scotland Roman Catholic Church, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1966.

Attorney(s) appearing for the Case

William F. McNulty and Patrick F. Adams for appellant.

Benjamin H. Siff for respondents.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. Dissent: Judge VAN VOORHIS.

Judgment affirmed, with costs; no opinion.

Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of defendant. The mere fact that a rug is not nailed to a waxed floor or placed on a rubber or other nonskid mat does not, in my view, create a question of fact...

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