Summary
In Puccio v. Metropolitan Jockey Club (290 N.Y. 565) the Court of Appeals stated: "`The record contains no evidence that the plaintiff slipped upon any of the litter which is claimed to have been upon the stairs of the grandstand where he fell. There is no reason to assume, therefore, that the plaintiff's fall was caused by any negligence of the defendant rather than by the moist condition of the stairs for which the defendant was not responsible.'"
Summary of this case from Gramm v. StateOpinion
Argued January 7, 1943
Decided February 25, 1943
Appeal from the Supreme Court, Appellate Division, First Department, DINEEN, J.
Harry Fieldsteel, Vincent P. Rao and Anthony J. Siminerio for appellant.
Olin S. Nye and Reginald V. Spell for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.