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BERKSON v. VILL. OF RICHFIELD SPRINGS

276 A.D. 111 (1949)

Ruta Berkson, Appellant, v. Village of Richfield Springs, Respondent William J. Berkson, Appellant, v. Village of Richfield Springs, Respondent. (Consolidated Actions.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.

Attorney(s) appearing for the Case

Louis E. Krohn for appellants.

Walter S. Eaton and Livingston S. Latham for respondent.

BREWSTER and DEYO, JJ., concur with SANTRY, J.; HEFFERNAN, J. P., dissents, in an opinion in which BERGAN, J., concurs.

SANTRY, J.

The plaintiff, Ruta Berkson, slipped and fell on a sidewalk which was generally covered with packed snow and some ice. No claim is made on account of the presence of snow and ice because no written notice had been given as required by the Village Law. The sole claim of negligence is predicated on the fact that the concrete block constituting the sidewalk where the accident happened sloped transversely...

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