Leone v. Lowry Horowitz & Fischer, Inc. , 279 A.D. 804 ( 1952 )

The accident, in which the plaintiff was injured, was allegedly brought about by a defect in the structure of the danc-e floor where she fell, and not because of a condition of a transient and possibly recent nature. It was, therefore, error to charge that there must he an affirmative finding of notice on the part of the defendant before the plaintiff could recover. (Ruddy v. Putnam Theatrical Corp., 255 App. Div. 1027.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.