GLASSMAN v. CITY OF NEW YORK


284 A.D. 1045 (1954)

Sylvia Glassman et al., Appellants-Respondents, v. City of New York, Respondent, and Ar-Ray Realty Corporation, Appellant

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

December 6, 1954.


On the appeal by defendant the Ar-Ray Realty Corporation from that part of the judgment which is in favor of plaintiffs against it, judgment insofar as appealed from reversed on the law and the facts, with costs, and complaint dismissed, with costs.

There is no evidence that said appellant was an active tort-feasor in causing the ice and snow on which plaintiff wife fell to be present on the sidewalk. At most, the evidence shows that said appellant, although removing...

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