BEICKERT v. WESTCHESTER RACING ASS'N


10 A.D.2d 643 (1960)

Milton J. Beickert, Respondent, v. Westchester Racing Association, Appellant

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

February 23, 1960


Respondent was injured as a result of stepping on a loose stone along a way by which race track patrons, including respondent, could reach an exit. The stone was oval, about two inches thick and four inches long, and lay in grass about four to five inches high. Judgment reversed, and a new trial granted, with costs to abide the event. The proof adduced as to notice, either actual or constructive, was inadequate (cf. Handy v. Hadley-Luzerne Union Free School Dist. No. 1...

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