LYNDSLEY v. LOYAL ORDER OF THE MOOSE NO. 1382


5 A.D.2d 1052 (1958)

Delbert Lyndsley et al., Respondents, v. Loyal Order of the Moose No. 1382, Appellant

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

April 30, 1958


Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

Plaintiff has received an award for damages for personal injuries received when she fell on a claimed icy driveway upon premises owned by the defendant. The amended complaint and bill of particulars alleged that the agents of the defendant had actual knowledge and notice of the condition of the driveway. The record, however...

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