CLEMMONS v. COMINSKEY


1 A.D.2d 933 (1956)

Pearl M. Clemmons, Respondent, v. Manuel Cominskey et al., Copartners Doing Business under the Name of Chicago Market, Defendants, and 400 Columbia Street Corporation, Appellant

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

March 14, 1956


Judgment and order reversed on the law, with costs and complaint dismissed, with costs. We have examined the facts and find no error therein.

Memorandum:

In determining whether an alleged sidewalk defect is unsafe, the same standard or measuring stick should be applied in making that determination, whether the defendant be a property owner or a municipality. Of course, in determining the liability of a municipality...

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