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Messmer v. De Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 958 (N.Y. App. Div. 1942)

Opinion

December 22, 1942.

Present — Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ.


Action to recover damages for personal injuries claimed to have been sustained by plaintiff as the result of a fall, caused by her tripping over an elevated portion of the public sidewalk in front of premises owned by the individual defendant. The elevated portion of the sidewalk, extending parallel with the building, was twenty feet long, seven feet wide, three and one-half inches high at the northerly end and level with the rest of the sidewalk at the southerly end, and had so existed for at least twenty-four years, without complaint. Judgment dismissing the complaint on the merits at the close of the plaintiff's case unanimously affirmed, with costs. No opinion.


Summaries of

Messmer v. De Rosa

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1942
265 App. Div. 958 (N.Y. App. Div. 1942)
Case details for

Messmer v. De Rosa

Case Details

Full title:MARIE MESSMER, Appellant, v. SALVATORA DE ROSA et al., Respondents

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

Date published: Dec 22, 1942

Citations

265 App. Div. 958 (N.Y. App. Div. 1942)

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