LANE v. EPSTEIN'S EDCO CLEANERS CO.


11 N.Y.2d 255 (1962)

Bernice Lane, Appellant, v. Epstein's Edco Process Dry Cleaners Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided May 10, 1962.


Attorney(s) appearing for the Case

Bernard Gastel for appellant.

William V. Gough for respondents.

Judges DYE, FULD, BURKE and FOSTER concur with Chief Judge DESMOND; Judges FROESSEL and VAN VOORHIS dissent and vote to affirm upon the ground that this is not a so-called "trap" case. Plaintiff tripped on a slight rise. The section 62(a) ordinance is clearly inapplicable. There was no proof of negligence here (see Newhall v. McCann, 267 N.Y. 394).


Chief Judge DESMOND.

Plaintiff sued because of injuries sustained by her when, after leaving defendants' store in Rochester, she walked across the sidewalk in front of the store and fell. The place where she testified (and the jury apparently found) that she fell was on an asphalt-covered area where there were in the sidewalk two trap doors which had been installed to permit access to the basement of the adjacent...

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