Grossman v. Shayburne Realty Corp.

Judgment affirmed, with costs to the respondent. Defendant rested on plaintiff’s case. We interpret the decision of the trial court as a finding of fact on the whole case that defendant was not negligent. Present — Peck, P. J., Dore, Cohn, Yan Yoorhis and Breitel, JJ.; Dore, J., dissents and votes to reverse the judgment and to order a new trial in the following memorandum: Plaintiff’s proof established that the door in question was “stuck”, and would not open except under heavy pressure; that the door’s glass panel which injured plaintiff was broken; that these defective conditions antedated…