APPELBAUM v. CITY OF LONG BEACH


8 A.D.2d 818 (1959)

Mary Appelbaum et al., Appellants, v. City of Long Beach, Respondent

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

June 1, 1959


Order reversed, with $10 costs and disbursements, and motion denied.

The allegedly dangerous condition created by the water-supply appurtenance in the roadway did not constitute a street or highway defect within the meaning of section 256-A of the charter (Horbert v. Town of Islip, 283 App. Div. 661). Furthermore, even if it were such a defect, the charter provision would be inapplicable because respondent is alleged to have caused and maintained the condition...

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