POST v. CITY OF NEW YORK


49 A.D.2d 734 (1975)

Elizabeth Post, Appellant, v. City of New York, Respondent

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

September 30, 1975


Plaintiff sued to recover damages for personal injuries sustained on June 8, 1969 when she tripped over a police barrier on the sidewalk. The undisputed testimony revealed that there was adequate space on the sidewalk for pedestrian traffic to pass between the stored police barriers and the building. With the barrier in plain view, and an unobstructed path available, the barrier could not be considered in any way a trap or nuisance, and there was therefore no issue to submit...

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