DEUTSCH v. HEWES STREET REALTY CORPORATION

No. 78, Docket 29818.

359 F.2d 96 (1966)

Mariana DEUTSCH and Abraham Deutsch, Plaintiffs-Appellants, v. HEWES STREET REALTY CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 30, 1966.


Attorney(s) appearing for the Case

Julius Wilk, New York City, for plaintiffs-appellants.

Thomas M. Kelly, Schaffner & D'Onofrio, John J. Langan, New York City, for defendant-appellee.

Before WATERMAN and MOORE, Circuit Judges, and TYLER, District Judge.


WATERMAN, Circuit Judge:

On November 24, 1961 Mariana Deutsch, while washing dishes, allegedly was injured when, one leg of the kitchen sink in her apartment gave way and fell on her left foot. As a result of this mishap appellant claims she suffered a comminuted fracture of the distal phalanx of the first toe of her left foot with subungual hematoma, extrusion of the nail, swelling, pain, tenderness and discoloration. She further alleges that for some time she was...

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