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ESPOSITO v. CITY OF NEW ROCHELLE

9 A.D.2d 687 (1959)

John Esposito, Individually, and as Guardian ad Litem for Joseph Esposito, an Infant, Respondent, v. City of New Rochelle, Defendant, and Benedetto Marciano et al., Appellants

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

October 19, 1959

Judgment reversed on the law and the facts, with costs, and complaint dismissed.

Appurtenant to premises owned by appellants is an opening in the sidewalk covered by an iron grating. Respondents claim that the infant was injured when he stepped on the grating and it tipped, causing him to fall into the opening below. Although the complaint alleges that the injuries complained of resulted from the maintenance of a nuisance...

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