Judgment reversed, on the law and the facts, without costs, and complaint dismissed.
Mrs. Kotler sustained her injuries in a fall while lawfully walking on a public boardwalk in the City of Long Beach. The complaint alleged that the accident was the result of the rotted condition of the wood and that this condition was caused by the affirmative acts of defendant, its agents, servants and/or employees acting within the scope and performance of their duties. Prior to...
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