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Lilyan Jiggetts v. Figueroa

Supreme Court, Appellate Term, First Department
Dec 3, 1959
21 Misc. 2d 280 (N.Y. App. Term 1959)

Opinion

December 3, 1959

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOSEPH A. BOCCIA, J.

Doles Walker ( Cora T. Walker of counsel), for appellant.

Zichello Catenaccio ( Hamlet O. Catenaccio of counsel), for respondent.


The instruction sheet directed that a "patch test" be made. The jury could have found that the manufacturer so directed because there were persons who were allergic to the preparation. They could also have found from plaintiff's reaction that she was one of those persons. A failure to discover her allergy by not making the test could be found to be negligence.

The judgment upon dismissal of complaint should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — STEUER, J.P., AURELIO and TILZER, JJ.

Judgment reversed, etc.


Summaries of

Lilyan Jiggetts v. Figueroa

Supreme Court, Appellate Term, First Department
Dec 3, 1959
21 Misc. 2d 280 (N.Y. App. Term 1959)
Case details for

Lilyan Jiggetts v. Figueroa

Case Details

Full title:LILYAN JIGGETTS, Appellant, v. ALICE FIGUEROA, Doing Business as ALICIA…

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 3, 1959

Citations

21 Misc. 2d 280 (N.Y. App. Term 1959)
199 N.Y.S.2d 789

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