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COLLINS v. MALONE LODGE NO. 1303 OF THE BENEVOLENT & PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AM., INC.

34 A.D.2d 1063 (1970)

Hazel E. Collins, Respondent, v. Malone Lodge No. 1303 of the Benevolent and Protective Order of Elks of the United States of America, Inc., Appellant

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

June 30, 1970

REYNOLDS, J.

On February 21, 1965 respondent, a 50 year old tenant in appellant's building, fell, sustaining a serious fracture, on an allegedly rutty driveway, controlled by appellant, which supplied a means of ingress and egress to her apartment. The instant record reveals evidence from which the jury could conclude that the condition of the driveway on February 21, 1965 was dangerous and hazardous, that the condition subsisted for a sufficient time...

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