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

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

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 612 (Toreen v. City of Mount Vernon) 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

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

Pincite

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.

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Bluebook (online)

243 A.D. 612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toreen-v-city-of-mount-vernon-nyappdiv-1935.