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Toschlage v. Benvenuto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1946
270 App. Div. 906 (N.Y. App. Div. 1946)

Opinion

April 15, 1946.


In this action by plaintiffs, who are husband and wife, to recover damages for personal injuries sustained by plaintiff wife and for medical expenses incurred and loss of services sustained by plaintiff husband, plaintiffs claim that their injuries and damage resulted from the accumulation of ice on a public highway, resulting from the drainage of surface water and melting snow from a private driveway, and appeal from an order dismissing their complaint as against the respondent, who is entitled to an easement over the driveway. The complaint was dismissed on the ground that it did not state facts sufficient to establish any duty on the part of the respondent to remedy the alleged defective condition of the driveway. Order affirmed, with $10 costs and disbursements. No opinion. Lewis, P.J., Johnston, Adel, Aldrich and Nolan, JJ., concur.


Summaries of

Toschlage v. Benvenuto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1946
270 App. Div. 906 (N.Y. App. Div. 1946)
Case details for

Toschlage v. Benvenuto

Case Details

Full title:MARGARET TOSCHLAGE et al., Appellants, v. MARGHERITA BENVENUTO et al.…

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

Date published: Apr 15, 1946

Citations

270 App. Div. 906 (N.Y. App. Div. 1946)