Appellate Division of the Supreme Court of New York, 1940

Carroll v. City of Binghamton

Carroll v. City of Binghamton
Appellate Division of the Supreme Court of New York · Decided January 24, 1940
258 A.D. 1023; 17 N.Y.S.2d 56; 1940 N.Y. App. Div. LEXIS 8673
Carroll v. City of Binghamton

Opinion of the Court

Plaintiff has recovered a judgment against the owner of real property adjacent to a public sidewalk and against the city. The recovery was had upon the theory that the landowner in cutting the trees created a dangerous and unsafe condition which the city permitted to continue. The evidence presented a question of fact which is resolved in favor of the plaintiff. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.

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