Lyons v. City of New York

Appellate Division of the Supreme Court of New York

Lyons v. City of New York

248 A.D. 742

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

DecidedJune 15, 1936

StatusPublished

This text of 248 A.D. 742 (Lyons v. City of New York) 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

Lyons v. City of New York, 248 A.D. 742 (N.Y. Ct. App. 1936).

Pincite

Opinion

Judgment in favor of the plaintiff and against the city of New York unanimously affirmed, with costs. Plaintiff sustained injuries by a fall caused by the difference in flagstone levels in the sidewalk on Washington avenue, Brooklyn. No defense was offered. Plaintiff’s proof was that there was a difference of five inches between the levels and that another pedestrian had fallen within a month of the time that plaintiff fell. We are of opinion that the sidewalk at the point where the plaintiff fell was defective to the extent that an accident was reasonably to be anticipated because of the defective condition. Present — Lazansky, P. J., Young, Hagarty, Johnston and Adel, JJ.

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Judgment in favor of the plaintiff and against the city of New York unanimously affirmed, with costs. Plaintiff sustained injuries by a fall caused by the difference in flagstone levels in the sidewalk on Washington avenue, Brooklyn. No defense was offered. Plaintiff’s proof was that there was a difference of five inches between the levels and that another pedestrian had fallen within a month of the time that plaintiff fell. We are of opinion that the sidewalk at the point where the plaintiff fell was defective to the extent that an accident was reasonably to be anticipated because of the defective condition. Present — Lazansky, P. J., Young, Hagarty, Johnston and Adel, JJ.

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Bluebook (online)

248 A.D. 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-city-of-new-york-nyappdiv-1936.