Marcus v. Manhattan Beach Parks Corp.

Appellate Division of the Supreme Court of New York

Marcus v. Manhattan Beach Parks Corp.

246 A.D. 331, 284 N.Y.S. 952, 1936 N.Y. App. Div. LEXIS 9494

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

DecidedJanuary 24, 1936

StatusPublished

Cited by5 cases

This text of 246 A.D. 331 (Marcus v. Manhattan Beach Parks Corp.) 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

Marcus v. Manhattan Beach Parks Corp., 246 A.D. 331, 284 N.Y.S. 952, 1936 N.Y. App. Div. LEXIS 9494 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

From the plaintiff’s proof and the photographs in evidence, the jury could have found that the defect which caused the plaintiff’s fall was the result of gradual wear or deterioration and that consequently the defendant was chargeable with constructive notice of the condition.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Martin, P. J., and Dore, J., dissent and vote for affirmance.

Judgment dismissing the complaint at the close of plaintiff’s case reversed and a new trial ordered, with costs to the appellant to abide the event.

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