NICOLETTI, JR. v. GEN. LINEN SUPPLY LAUNDRY CO., INC.


285 A.D. 957 (1955)

Robert Nicoletti, Jr., an Infant, by His Guardian ad Litem, Robert J. Nicoletti, et al., Appellants, v. General Linen Supply Laundry Co., Inc., Respondent

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

March 7, 1955.


Judgment unanimously affirmed, without costs.

There was no proof that the step constituted any more than a defective condition permitted to continue until decay or mere failure to repair resulted in injuries to the infant plaintiff. There is no proof that the condition of the step constituted an inherently dangerous instrumentality or a deceptive trap or that the condition was created by the affirmative negligence of the defendant. Under such circumstances, there...

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