Opinion
October 25, 1943.
Present — Close, P.J., Hagarty, Carswell, Johnston and Lewis, JJ.
Action to recover damages for personal injuries sustained as the result of plaintiff's catching his foot on a lock and hasp combination on a cellar door on the sidewalk adjacent to the defendant's building. An affirmance is required under Conley v. Village of Hudson Falls ( 162 App. Div. 234); Lerner v. Parower ( 244 App. Div. 802); Ayers v. Village of Herkimer ( 248 App. Div. 945, affd. 275 N.Y. 511); and Wilson v. Jaybro Realty Development Co. ( 289 N.Y. 410). The cases of King v. Dredger ( 256 App. Div. 1086) and Kempe v. Concourse Realty Corp. ( 237 App. Div. 708) are to be distinguished because of the differences in the height and dimensions of the obstruction; the proof as to catching of the foot; the differences in the location of the obstruction with reference to the building line; and the fact that in the case at bar such obstruction was directly in the traveled portion of the sidewalk because of the invitation to cross that portion of the cellar doors as a consequence of the presence of the show windows on the building line. Moreover, the decision in Wilson v. Jaybro Realty Development Co. ( supra) has impaired the authority of the King case ( supra). Judgment for the plaintiff unanimously affirmed, with costs. Appeal from order denying motion to set aside verdict dismissed, without costs. No such order is printed in the record.