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Lerner v. Parower

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1935
244 App. Div. 802 (N.Y. App. Div. 1935)

Opinion

May, 1935.


Judgment entered on an order dismissing plaintiffs' complaint reversed on the law and a new trial granted, costs to abide the event. Plaintiff wife was injured by falling over a water "stop cock" extending about two inches above the surface of a concrete sidewalk in front of the premises of the individual defendant. We think that the questions of negligence and contributory negligence, and whether the condition constituted a public nuisance, should have been submitted to the jury. ( Archer v. City of Mount Vernon, 57 App. Div. 32; Powers v. Village of Mechanicville, 163 id. 138; Preiss v. City of New York, 69 Misc. 492; Turner v. City of Newburgh, 109 N.Y. 301.) Lazansky, P.J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.


Summaries of

Lerner v. Parower

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1935
244 App. Div. 802 (N.Y. App. Div. 1935)
Case details for

Lerner v. Parower

Case Details

Full title:LENA LERNER and Another, Appellants, v. DAVID PAROWER and Another…

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

Date published: May 1, 1935

Citations

244 App. Div. 802 (N.Y. App. Div. 1935)

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