MARTYN v. SCHWARTZ


53 A.D.2d 1040 (1976)

Annetta Martyn, Appellant, v. Hyman Schwartz, Respondent

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

July 12, 1976


Judgment unanimously affirmed, without costs.

Memorandum:

In this negligence action plaintiff appeals from a jury verdict of no cause of action. Plaintiff, age 88, and her daughter were tenants in a multiple dwelling owned by defendant. While carrying a garbage pail in the yard of the premises plaintiff fell and sustained injuries. It is the plaintiff's claim that she was caused to fall because of a protruding iron grate. After a preliminary examination the...

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