← Cases

Wright v. Trans-Median Realty Corp.

274 A.D. 777 Court N.Y. App. Div. Decision date 1948-06-21 English

Contents

Majority

p. 777
Sally Wright, as Committee of the Person and Property of Harriet Wright, an Incompetent Person, Appellant, v. Trans-Median Realty Corp., Respondent, et al., Defendants.

It appears, or at least was sufficiently indicated to raise a jury question, that the sidewalk construction where plaintiff was injured was special construction for the special benefit of the abutting owner, which would make the present owner responsible for its maintenance (Nickelsburg v. City of New York, 263 App. Div. 625 ). Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.