LOVE v. CLAM BOX


35 Misc.2d 436 (1962)

James S. Love et al., Appellants, v. Clam Box, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

June 18, 1962


Attorney(s) appearing for the Case

Robert G. Wilkens for appellants. Martin A. Crean and John M. Cunneen for respondent.

Concur — DI GIOVANNA, BENJAMIN and GULOTTA, JJ.


Per Curiam.

The pleadings concede operation and control of the restaurant by defendant and thus it was under a duty to its business invitees to keep the approaches to its restaurant in a reasonably safe condition (4 Warren, Negligence, p. 495). Even if the defective condition (in this case freshly laid cement) was in the public sidewalk and thus part of an area over which defendant had no control and no duty of maintenance...

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