ALEXANDER v. CAVAGNARO


4 A.D.2d 689 (1957)

Olga Alexander, Respondent, v. Stephen Cavagnaro, Appellant, et al., Defendant

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

June 17, 1957


Judgment reversed on the law, with costs, and complaint dismissed. The implicit finding that respondent fell into the hole is affirmed.

Respondent, having finished shopping in a supermarket adjoining defendant's store, left through the rear door of the supermarket and walked onto a parking lot. From there she proceeded across defendant's adjoining lot and fell into the excavation. The evidence fails to establish that the excavation was abutting, adjacent, and contiguous...

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