CACCAVALE v. PEARSALL


29 Misc.2d 543 (1961)

Philomena Caccavale, an Infant, by Her Guardian ad Litem Maria Caccavale, et al., Plaintiffs, v. Lewis Pearsall, Defendant.

Supreme Court, Special Term, Nassau County.

July 5, 1961


Attorney(s) appearing for the Case

Harry A. Wertlieb for plaintiffs. James I. Lysaght for defendant.


MARIO PITTONI, J.

The plaintiff moves for leave to serve a further amended complaint, to drop a party defendant, and to allege the maintenance of a nuisance. The action is to recover damages for injuries sustained as a result of a fall on a sidewalk and adjacent roadway.

The complaint, at present, charges the defendant with negligence in permitting the sidewalk and adjacent roadway to become and to remain...

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