METCALF v. CITY OF CORTLAND


56 A.D.2d 959 (1977)

Wayne L. Metcalf, Appellant-Respondent, v. City of Cortland, Respondent, and Roger Saul et al., Respondents-Appellants

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

March 24, 1977


On October 25, 1974, plaintiff was visiting his wife in her apartment which was located in a multiple residence owned by defendants Roger and Patricia Saul in the City of Cortland. Upon leaving the building and attempting to enter an automobile parked in the driveway thereof, plaintiff stepped on a cement retaining wall located entirely on land owned by respondent city. When he did, a portion of the wall allegedly gave way under him and caused him to fall 8 to 10 feet into...

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