CARBIN v. CITY OF NEW YORK


276 A.D. 980 (1950)

Johanna Carbin, Respondent, v. City of New York, Appellant

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

February 27, 1950.


In an action to recover damages for personal injuries sustained by plaintiff in a fall on a sidewalk in the city of New York, claimed by her to have been caused by a difference in level between two flagstones of about two and one-half inches, judgment in favor of plaintiff affirmed, with costs, on the authority of Loughran v. City of New York (298 N.Y. 320).

Adel and Sneed, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, with...

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