Opinion
Argued April 18, 1969
Decided May 14, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JAMES D. CURRY, J.
Peter G. Abbey for appellant.
S. Robert Silverman for respondent.
Order reversed, without costs, and the complaint dismissed on the ground that, assuming that the sidewalk area in front of the defendant's premises had been adapted to its special use, there was neither actual nor constructive notice of the particular debris which allegedly caused plaintiff's fall.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.