Appellate Division of the Supreme Court of New York, 1938

Reuther v. Shenk Realty & Construction Co.

Reuther v. Shenk Realty & Construction Co.
Appellate Division of the Supreme Court of New York · Decided March 4, 1938
254 A.D. 564; 2 N.Y.S.2d 537; 1938 N.Y. App. Div. LEXIS 6577
Reuther v. Shenk Realty & Construction Co.

Opinion of the Court

Plaintiff Viola Reuther stepped from apartment house premises to the public sidewalk, where her heel sank into the sidewalk, causing her to fall. She brought an action against the landlord of the apartment premises to recover for personal injuries, and her husband sued to recover for loss of services. Judgment dismissing the complaint at the close of plaintiffs’ case unanimously affirmed, with costs. There is no evidence of negligence on the part of defendant. Present — Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ.

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