LIPINSKY v. CITY OF NEW YORK


11 Misc.2d 734 (1957)

Sylvia Lipinsky, as Administratrix of The Estate of Lucy German, Deceased, Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, New York County.

October 1, 1957.


Attorney(s) appearing for the Case

Morris Honig and Jerome Golenbeck for plaintiff.

Peter Campbell Brown, Corporation Counsel (Jerome Wonder of counsel), for defendant.


FELIX C. BENVENGA, J.

This is an action to recover damages for personal injuries and death of plaintiff's intestate, resulting from the negligence of the defendant in maintaining the sidewalk and curbing at the intersection of Second Avenue and East Fifth Street, Manhattan.

The evidence shows the existence, at the place of the alleged accident, of a separation in the metal nosing or curbing of about an inch and a difference in elevation of about...

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