ROSARIO v. SEBCO I. ASSOCIATES


305 A.D.2d 307 (2003)

761 N.Y.S.2d 607

GENOVENA ROSARIO et al., Appellants, v. SEBCO I. ASSOCIATES, L.P., et al., Respondents.

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

Decided May 27, 2003.


Plaintiff allegedly tripped upon a lock affixed to a sidewalk cellar door. The photographic evidence, however, indicates that the door is equipped with only one set of hasps for attaching a lock and that those hasps are situated inches from the building line, and the placement of a lock at that location would not have been actionable (see Kempe v Concourse Realty Corp., 237 App Div 708 [1933]). Although plaintiff eventually testified that the cellar doors were at the...

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