Toreen v. City of Mount Vernon

Appellate Division of the Supreme Court of New York

Toreen v. City of Mount Vernon

243 A.D. 612

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

Action by Niletta Toreen to recover for personal injuries sustained when she stepped into a hole in a sidewalk maintained by defendant, and by her husband to recover for expenses and loss of services. Judgments of the City Court of Mount Vernon and orders reversed on the law and the facts, with costs, and the complaints dismissed, with costs. In our opinion the condition of the sidewalk at the place of the accident was not such that the city officials should have anticipated that such an accident might happen, and hence the defendant is not charge[613]*613able with negligence. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Action by Niletta Toreen to recover for personal injuries sustained when she stepped into a hole in a sidewalk maintained by defendant, and by her husband to recover for expenses and loss of services. Judgments of the City Court of Mount Vernon and orders reversed on the law and the facts, with costs, and the complaints dismissed, with costs. In our opinion the condition of the sidewalk at the place of the accident was not such that the city officials should have anticipated that such an accident might happen, and hence the defendant is not charge[613]*613able with negligence. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

Toreen v. City of Mount Vernon, 243 A.D. 612 (N.Y. Ct. App. 1935).

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