Opinion
September 28, 1970
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered January 29, 1970 in favor of defendant, upon the trial court's dismissal of the complaint at the end of plaintiff's case upon a jury trial limited to the issue of liability. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. Looking at plaintiff's testimony in its most favorable light, it is clear that a question of fact was presented for submission to the jury. Moreover, plaintiff was erroneously restricted in the matter of proof of an alleged custom and practice self-imposed by defendant to correct the condition of slippery floors on a rainy day ( Pignatelli v. Gimbel Bros., 285 App. Div. 625, affd. 309 N.Y. 901; Berman v. H.J. Enterprises, 13 A.D.2d 199). Rabin, Acting P.J., Hopkins, Munder, Martuscello and Benjamin, JJ., concur.