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WESTMORELAND v. WILGO REALTY CORP.

45 A.D.2d 887 (1974)

Selice Westmoreland, an Infant, by Her Mother and Natural Guardian, Helen Westmoreland, et al., Appellants, v. Wilgo Realty Corp., Respondent, et al, Defendants

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

July 22, 1974

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. This action was first tried in the Civil Court of the City of New York, New York County, where plaintiffs adduced proof that the infant plaintiff had fallen into an open basement-excavation area due to missing bars on a ramp which ran from respondent's premises to the public sidewalk. At the end...

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