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SCHAFRANEK v. CITY OF NEW YORK

1 A.D.2d 657 (1955)

Beckie Schafranek, Respondent, et al., Plaintiff, v. City of New York, Appellant

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

December 13, 1955

Judgment appealed from affirmed.

COX, J. (dissenting).

It seems clear from the plaintiff's testimony that she slipped or otherwise fell at some point on the platform itself and that her accident was in no way related to the space under the lamp balustrade.

Plaintiff testified to a broken condition of the platform, not to an opening under the adjacent lamp balustrade. It seems quite apparent that plaintiff did not actually know what caused...

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