Aucock v. Neisner Bros.

By affirming the Appellate Division, which reversed the judgment of the trial court based upon a jury verdict, the majority of our court have agreed that the evidence adduced at the trial fails as a matter of law to establish any actionable negligence on the part of the defendant. With this conclusion we cannot concur.

When plaintiff entered defendant’s store to make a purchase, there was before her, at street level, a small terrazzo platform, beyond which were three steps leading down to the store floor proper. Plaintiff, seeking to reach the basement of the store by the shortest and most…