BAYNES v. NEW YORK, NEW HAVEN & HARTFORD R.R. CO.


279 A.D. 598 (1951)

Juanita Baynes et al., Respondents, v. New York, New Haven and Hartford Railroad Company, Appellant, et al., Defendants

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

October 15, 1951.


By a written lease received in evidence appellant railroad company had, prior to the accident, leased that paved area for a term of years to the Village of Mamaroneck for use as a public parking space, and the area was so used thereafter and at the time of the accident. That lease provided that the paved area would, during the term of the lease, be maintained by the village. Evidence was introduced by both appellant and respondents bearing upon the maintenance and control...

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