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LEVINE v. CITY OF NEW YORK

309 N.Y. 88 (1955)

Sandra Levine, an Infant, by Morris Levine, Her Guardian ad Litem, et al., Appellants, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

Sol Pottish and Morris Pottish for appellants.

Peter Campbell Brown, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.

DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur; BURKE, J., taking no part.

CONWAY, Ch. J.

Across the street from the house in which the infant plaintiff lived in a residential section of a crowded city there was a stairway which formed a part of a connecting public thoroughfare. Along at least one side of this stairway there was a handrail composed of two tubular iron pipes set one above the other about two feet apart and running parallel to the ground. At the foot of this stairway there...

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