PEREZ v. FRAZEE


24 A.D.2d 686 (1965)

Hepolito Perez et al., Appellants, v. Russell Frazee, Respondent

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

July 13, 1965


Per Curiam.

There were apparently alternate ways of access to the trailer which plaintiffs occupied and plaintiff wife chose to walk on a way or rutted track made by vehicles traversing the farm pasture, and in so doing fell and was injured. The existent conditions were apparent when plaintiffs' occupancy began. In a recent case similar to this, although the facts were markedly stronger in plaintiff's favor than here, we affirmed a nonsuit, remarking upon plaintiff...

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