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KELLY v. SABIN ESTATES

279 A.D. 348 (1952)

Thomas Kelly, Respondent, v. Sabin Estates, Inc., Appellant

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

January 29, 1952.

Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel (Mordecai Dancis with him on the brief; Irving Segal, attorney), for appellant.

Alfred S. Julien of counsel (Max Shamis with him on the brief; Philip Di Costanzo, attorney), for respondent.

PECK, P. J., DORE and COHN, JJ., concur.

VAN VOORHIS, J.

Defendant appeals from a judgment for plaintiff, entered upon the verdict of a jury, awarding damages for personal injuries caused by his falling down the unguarded steps of a fire passageway adjacent to the sidewalk at 85 Audubon Avenue, in the borough of Manhattan. The accident happened in the early morning following V-J Day in August, 1945. Plaintiff had been celebrating the victory. The hospital record, showing that emergency service...

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