Appellate Division of the Supreme Court of New York, 1957

Marshall v. Village of Wappingers Falls

Marshall v. Village of Wappingers Falls
Appellate Division of the Supreme Court of New York · Decided February 11, 1957
3 A.D.2d 718; 160 N.Y.S.2d 628; 1957 N.Y. App. Div. LEXIS 6496
Marshall v. Village of Wappingers Falls

Opinion of the Court

In an action by plaintiff Muriel Marshall to recover damages for personal injuries and by her husband for medical expenses and loss of services, defendant the Village of Wappingers Palls appeals from that part of a judgment, entered on the verdict of a jury, which is in favor of plaintiffs against it. Said defendant also appeals from an order denving its motion to set aside the verdict and for a new trial. The injuries were sustained when the plaintiff wife fell as a result of her heel catching *719in a space between two slabs o£ a sidewalk, which were two or three inches apart and one o£ which was approximately the same distance higher than the other. Judgment, insofar as appealed from, unanimously affirmed, with costs. Order unanimously affirmed, without costs. No opinion. Present —Nolan, P. J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ.

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