ZAPIN v. ISRAEL


285 A.D. 968 (1955)

Ira Zapin, an Infant, by Ceil Zapin, His Guardian ad Litem, et al., Appellants, v. Ida Israel, Respondent

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

March 14, 1955.


Judgment unanimously affirmed, without costs.

There is no proof of violation of subdivision 1 of section 80 of the Multiple Dwelling Law because there was no proof of notice, actual or constructive, to defendant of the presence of the umbrella rib or spoke before the accident. The spoke was not a structure maintained by defendant in connection with its premises, nor was there proof that defendant placed the spoke in the yard, nor that it had notice thereof, nor that...

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