COLSON v. WOOD REALTY CO.


39 A.D.2d 511 (1972)

Ruth Colson et al., Appellants, v. Joseph E. Wood Realty Co., Inc., et al., Respondents

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

November 9, 1972.


Attorney(s) appearing for the Case

Robert P. Best for appellants.

Borst, Smith, O'Loughlin, Smith & Abbey (H. Richard Lewis of counsel), for Joseph E. Wood Realty Co., Inc., respondent.

Charles W. Jenkins for Sears, Roebuck and Co., respondent.

GREENBLOTT, J. P., SWEENEY, SIMONS and KANE, JJ., concur.


REYNOLDS, J.

This is an appeal from a judgment of the County Court, Fulton County, entered upon an order at Trial Term granting defendants' motion to dismiss the complaint at the close of the plaintiffs' evidence.

On the evening of December 14, 1964 appellant, Ruth Colson, allegedly stepped into a hole in the curb at the corner of Arlington Avenue and Fulton Street in the City of Gloversville, New York...

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