In Condon v. Arata (302 N.Y. 579) it could have been found as a fact, and so it was argued in the Court of Appeals, that the fence upon which plaintiff was hurt, which extended to a public sidewalk, was for the special benefit of the owner of the land.Summary of this case from Allen v. Weiss
Argued November 30, 1950
Decided January 11, 1951
Appeal from the Supreme Court, Appellate Division, First Department, NATHAN, J.
William L. Shumate and Chester E. Barrett for appellant.
A.L. Sainer, Milton E. Haft and Harry B. Frank for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.