Appellate Division of the Supreme Court of the State of New York November 18, 1965 (Marotta v. Montgomery Ward & Co.)

Reynolds, J.

Appeal from a judgment of the Supreme Court, Albany County, dismissing the complaint at the close of appellants’ case (CPLR, 4401). Appellants seek damages for personal injuries purportedly suffered by appellant Theresa Marotta when she was allegedly struck by a bag containing wet garbage which fell from a window on the top floor of respondent’s store in Menands, Hew York.