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SHEELY v. MILLER

23 A.D.2d 950 (1965)

Gordon H. Sheely, Appellant, v. Gladys Miller et al., as Executrices of Elizabeth B. Kennedy, Deceased, et al., Respondents

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

May 28, 1965

MEMORANDUM BY THE COURT.

It was plaintiff's contention at the trial that while walking upon a public street in the City of Elmira, New York on March 12, 1958 he was thrown and injured when an employee of defendant Miller negligently moved upward from the vault beneath the more westerly of two metal doors recessed in the concrete surface of the sidewalk adjacent to premises owned and occupied by defendant savings and loan association and used by it as a means of access...

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