PESSEL v. 2074 WALLACE CORP.


199 Misc. 412 (1951)

Helen Pessel et al., Plaintiffs, v. 2074 Wallace Corp., Defendant.

Supreme Court, Trial Term, Bronx County.

March 21, 1951.


Attorney(s) appearing for the Case

Irving Segal and J. Bachkoff for defendant.

Sidney I. Laitman and L. Eichner for plaintiffs.


KOCH, J.

Plaintiffs, husband and wife, recovered judgment in this case for injuries suffered by the wife. The latter fell on a paved walk leading up to defendant's apartment building in which she and her husband were tenants, as a result of walking on a twig of a tree. At the trial, decision was reserved on motions to dismiss the complaint and to set aside the verdict.

In considering first the motions to dismiss, it will be presumed that all the...

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