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Horbert v. Town of Islip

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1954
283 App. Div. 661 (N.Y. App. Div. 1954)

Opinion

January 11, 1954.


Action by plaintiff Elizabeth Horbert to recover damages for personal injuries and by her husband for medical expenses and loss of services. The amended complaint alleges that the personal injuries were sustained when said plaintiff caught her foot in a catch basin negligently constructed and maintained by defendant on a public sidewalk; and that thereafter a verified notice of claim was duly served upon defendant. It is not alleged that written notice of the defect had been given to defendant under subdivision 2 of section 215 High. of the Highway Law. Defendant appeals from an order denying its motion to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action. Order affirmed, with $10 costs and disbursements. No opinion. Adel, Acting P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.


Summaries of

Horbert v. Town of Islip

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1954
283 App. Div. 661 (N.Y. App. Div. 1954)
Case details for

Horbert v. Town of Islip

Case Details

Full title:ELIZABETH HORBERT et al., Respondents, v. TOWN OF ISLIP, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 11, 1954

Citations

283 App. Div. 661 (N.Y. App. Div. 1954)

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