BUTZER v. SCHARF


263 A.D.2d 862 (1999)

693 N.Y.S.2d 745

GERALDINE BUTZER, Respondent, v. EDWARD J. SCHARF et al., Appellants.

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

Decided July 22, 1999.


Yesawich Jr., J.

The origin of this lawsuit is an accident that occurred at approximately 9:45 P.M. on August 11, 1995. According to plaintiff, as she was walking on the sidewalk in a southerly direction, she moved to her right to yield the path to two approaching pedestrians and, in so doing, tripped over an 8 to 12-inch concrete divider situated between the adjacent properties of the two defendants. The divider runs perpendicular to and easterly of the walkway....

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