BLAUSTEIN v. LEVITT


24 A.D.2d 862 (1965)

Joel Blaustein, Respondent, v. Alfred S. Levitt, Appellant

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

November 1, 1965


Judgment affirmed, with costs.

Planted in the center of the "island" was a young tree about 4 or 5 feet high from which a wire was stretched from a height of 2½ to 3 feet to a peg about 2 or 2½ feet away. In attempting to cross the island, plaintiff tripped on the wire, which was invisible to him on this rainy night in this unlighted area. The jury could find that defendant had the duty to anticipate that a person parking his car in the parking area would...

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