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GOLDSTEIN v. LENTINO CONSTR. CORP.

8 A.D.2d 274 (1959)

Sigmund Goldstein, Respondent, v. Frank Lentino Construction Corp., Appellant, et al., Defendants

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

June 25, 1959.

Attorney(s) appearing for the Case

Joseph Kane of counsel (Alexander Orr with him on the brief; McDevitt, Striker & Needham, attorneys), for appellant.

Robert Keegan, Jr., of counsel (David A. Goldner, attorney), for respondent.

RABIN, J. P., M. M. FRANK, VALENTE, McNALLY and BERGAN, JJ., concur.

Per Curiam.

Plaintiff testified that in driving a panel truck easterly on Merrick Road in Lynbrook near Blossom Heath Avenue on October 11, 1954, he crossed a back-filled trench. Defendant Lentino is a contracting corporation which had been engaged in widening and improving Merrick Road and had dug and refilled the trench. In crossing the trench at 10 miles an hour plaintiff said that a jagged piece of concrete caused

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