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ZUBAS v. COFFEY

7 A.D.2d 643 (1958)

Josephine Zubas, Respondent, v. Edwin J. Coffey, Doing Business as Coffey Funeral Home, et al., Appellants

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

November 10, 1958

Judgment reversed on the law and the facts, without costs, and complaint dismissed.

The top of the retaining wall was sufficiently lighted. It was not within the range of reasonable foreseeability on appellants' part that respondent would forego the safe entrance and ascend to the top of the retaining wall for the purpose of directing the parking of a motor vehicle. In any event, we would grant a new trial on the ground that...

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