SCHARE v. INC. VILL. OF EAST ROCKAWAY


95 A.D.2d 802 (1983)

Adrienne Schare et al., Appellants, v. Incorporated Village of East Rockaway, Respondent

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

June 13, 1983


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

Plaintiff Adrienne Schare was injured when she tripped and fell over a square metal plate raised about an inch and a half above the surface of the sidewalk. The trial court, in granting the defendant village's motion to dismiss the complaint at the close of the plaintiffs' case, held that the plaintiffs had failed to make out a prima facie...

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