HILLGE v. CITY OF NEW YORK


282 A.D. 491 (1953)

William Hillge, Respondent, v. City of New York, Defendant, and 195 Broadway Corporation, Appellant

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

October 27, 1953.


Attorney(s) appearing for the Case

Joseph L. Schilling of counsel (Harold Schaffner with him on the brief; Matthew E. Lawless, attorney), for appellant.

Lee S. Kreindler of counsel (Harry E. Kreindler with him on the brief; Benjamin Glickman, attorney), for respondent.

PECK, P. J., COHN, BREITEL, BASTOW and BOTEIN, JJ., concur.


Per Curiam.

There was no proof of structural defect with respect to the top step of the stairway in question. The sidewalk not being level, of necessity the first step must have had a differential in level in relation to the graded sidewalk. At one end the step was one and one-eighth inches above the sidewalk. At the middle it was two and one-sixteenth inches, and at the other extreme it was three and one-sixteenth...

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