WYNN v. PARISI


24 Misc.2d 933 (1960)

Thomas Wynn, Plaintiff, v. Anthony Parisi et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

June 21, 1960.


Attorney(s) appearing for the Case

Gustave G. and Lawrence M. Rosenberg and Benjamin Eigg and James F. Bingham for plaintiff. Lewis Lewison for Anthony Parisi, defendant. John M. Keegan and Reginald J. Snyder for Consolidated Edison Company, defendant.


ARTHUR G. KLEIN, J.

This case was tried before me without a jury. All parties waived findings of fact and conclusions of law.

On January 8, 1959, the defendant Consolidated Edison Company had excavated a hole approximately five feet square on the east side of Lexington Avenue at 48th Street, extending from the center of 48th Street toward the south curb and extending into the easterly crosswalk of the...

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