MEYERS v. 120TH AVE. BLDG. CORP.


9 A.D.2d 931 (1959)

James Meyers, Jr., an Infant, by His Guardian ad Litem James Meyers, et al., Respondents, v. 120th Avenue Building Corp., Appellant, and 177 Construction Corporation, Respondent

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

December 28, 1959


Judgment insofar as it is in favor of plaintiffs-respondents against appellant reversed upon the law and the facts, without costs, and complaint dismissed. Judgment insofar as it dismisses appellant's cross complaint affirmed, without costs.

Appellant, owner of a group of houses under construction, allowed a half-filled bag of cement and a metal drum containing a wet mixture to remain in the public sidewalk area where the walk had not yet been laid, and where neighborhood...

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