PHILLIPS v. 630 McKINLEY SQUARE CORP.


285 A.D. 18 (1954)

Dorothy Phillips et al., Respondents, v. 630 McKinley Square Corporation, Appellant-Respondent, and City of New York, Appellant

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

November 23, 1954.


Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel (William Scheiner with him on the brief; Irving Segal, attorney), for appellant-respondent.

Alfred Weinstein of counsel (Seymour B. Quel and Fred Iscol with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for appellant.

William J. Rooney for respondents.

DORE, COHN, CALLAHAN and BOTEIN, JJ., concur in Per Curiam opinion; PECK, P. J., dissents in part in opinion.


Per Curiam.

Recovery here is claimed to be justified by the fact that the sidewalk had been painted and was slippery when wet by rain. The paint had been applied long before the accident and was thoroughly dry and somewhat worn. No proof was adduced to establish that the paint was in anywise defective or contained improper materials or had been improperly applied. To hold abutting owners and the city liable in such state...

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