McDERMOTT v. CITY OF N. Y.


8 Misc.2d 492 (1957)

Helen McDermott, an Infant, by Michael McDermott, Her Guardian ad Litem, et al., Plaintiffs, v. City of New York et al., Defendants. City of New York, Third-Party Plaintiff, v. Detlef Kuhl et al., Third-Party Defendants.

Supreme Court, Trial Term, Kings County.

July 8, 1957.


Attorney(s) appearing for the Case

Samson Z. Sorkin and Harry Zeitlin for plaintiffs.

Peter Campbell Brown, Corporation Counsel (Harold Cowin of counsel), for City of New York, defendant and third-party plaintiff.

John T. O'Connor and Robert G. Burkhardt for Detlef Kuhl and another, defendants and third-party defendants.

James A. Hughes for Fan Zaslow, defendant and third-party defendant.


A. DAVID BENJAMIN, J.

This was an action in tort tried before the court and a jury. The plaintiff was injured on the sidewalk in front of the premises owned by the defendants Kuhl. The Kuhls' building was erected by their predecessor in title several years after the construction of the house adjoining it to the west. Following the grade of the street the entrance to the building now owned by the Kuhls was at...

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