Appellate Division of the Supreme Court of New York, 1945

Goldberg v. City of New York

Goldberg v. City of New York
Appellate Division of the Supreme Court of New York · Decided June 18, 1945
269 A.D. 852; 55 N.Y.S.2d 863; 1945 N.Y. App. Div. LEXIS 4241
Goldberg v. City of New York

Opinion of the Court

— In an action to recover damages for personal injuries suffered by plaintiff when she fell on a public sidewalk, where one flagstone overlapped another by four inches, plaintiff recovered judgment in the City Court of the City of New York, Kings County. The Appellate Term reversed the judgment and dismissed the complaint, and plaintiff appeals. Order of the Appellate Term unanimously affirmed, with costs. There was no actionable negligence. (Butler v. Village of Oxford, 186 N. Y. 444: Dowd v. City of Buffalo, 290 N. Y. 895; Lynch v. City of Beacon, 259 App. Div. 757.) Present — Close, P. J., Hagarty, Johnston, Lewis and Aldrich, JJ. [See post, p. 940.]

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