Sherwood v. Lax & Abowitz

This is a motion to dismiss the complaint. From the allegations which must be taken as admitted (Baumann v. Baumann, 222 App. Div. 460), it appears that a pair of shoes manufactured by the defendant was sold by Franklin, Simon & Company to the plaintiff. Plaintiff wore the shoes and stood on the landing of a staircase, when one of the heels broke, thereby causing her to lose her balance and fall down the stairs. It is alleged that plaintiff’s resulting injury was caused solely by reason of defendant’s carelessness and negligence in the manufacture of the shoes. To sustain the complaint it…