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MINTON v. RICHMOND BENNETT CORP.

24 A.D.2d 604 (1965)

David Minton, Respondent, v. Richmond Bennett Corp., Appellant

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

July 12, 1965

Judgment reversed on the law and the facts, without costs, and complaint dismissed, without costs.

Upon all the evidence, plaintiff has failed to establish that the ice on the sidewalk, upon which he slipped, resulted from water artifically diverted onto the sidewalk from the abutting premises (cf. Cannon v. Pfleider, 19 A.D.2d 625).

Hopkins, J., dissents and votes to affirm the judgment, with the following...

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