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VAN VALKENBURG v. LAWRENCE WAREHOUSE CO., INC.

24 A.D.2d 1067 (1965)

Robert Van Valkenburg, Appellant, v. Lawrence Warehouse Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Binghamton Brick Co., Inc., Third Party-Defendant

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

December 30, 1965

MEMORANDUM BY THE COURT.

There was no proof that the defendant and third-party plaintiff was in occupation or control of the premises upon which the injury occurred nor was there any proof that defendant participated in the creation or continuance of the dangerous condition. Parol evidence was properly admitted to demonstrate a mistake in the nature of a scrivener's error. Consequently the trial court correctly determined that plaintiff's proof failed to establish...

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