Carroll v. City of Binghamton

Appellate Division of the Supreme Court of New York

Carroll v. City of Binghamton

258 A.D. 1023, 17 N.Y.S.2d 56, 1940 N.Y. App. Div. LEXIS 8673

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 24, 1940

StatusPublished

This text of 258 A.D. 1023 (Carroll v. City of Binghamton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carroll v. City of Binghamton, 258 A.D. 1023, 17 N.Y.S.2d 56, 1940 N.Y. App. Div. LEXIS 8673 (N.Y. Ct. App. 1940).

Pincite

Opinion

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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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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Bluebook (online)

258 A.D. 1023, 17 N.Y.S.2d 56, 1940 N.Y. App. Div. LEXIS 8673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-city-of-binghamton-nyappdiv-1940.