TSOMIS v. BENENSON


23 A.D.2d 654 (1965)

Felicina Tsomis, Respondent, v. Charles B. Benenson, Appellant, et al., Defendants

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

March 30, 1965


Judgment in favor of plaintiff unanimously reversed on the law and on the facts and a new trial ordered, without costs and without disbursements. Plaintiff recovered a verdict for personal injuries following a fall on the sidewalk in front of defendant-appellant's premises.

Plaintiff introduced proof that defendant had made repairs to the sidewalk resulting in a slope to the sidewalk. The proof was not satisfactory that the resulting condition produced a slope that...

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