Majority
p. 583Laura H. Lelo, Respondent, v. Morard Realty Corporation et al., Appellants. (Submitted May 6, 1927; decided May 31, 1927.)
Headnote
Negligence ■ — nuisance — streets — injury of pedestrian from collapse of sideivalk into drainage cesspool illegally constructed and maintained thereunder.Lelo v. Morard Realty Corp., 218 App. Div. 841 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December' 10, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. While plaintiff was walking southerly along the west side of East Fourteenth street in the borough of Brooklyn the sidewalk collapsed beneath her and she received the injuries complained of. It was alleged that the accident was caused by the defective condition of a house drainage cesspool illegally constructed under the sidewalk by defendant Morard Realty Corporation and there maintained by defendant Selpro Realty Corporation, the present owner of the adjoining property.
Andrew F. Van Thun, Jr., and Robert H. Woody for Morard Realty Corporation, appellant.
Barnett Cohen, William E. Lyons and Frank J. 0’ Neill for Selpro Realty Corporation, appellant.
George W. Matheson, George C. Wildermuth and Beatrix Kimmelman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Pound, Crane, Andrews, Kellogg and O’Brien, JJ.; Cardozo, Cb. J., and Lehman, J., vote to affirm as to defendant Morard Realty Corporation and for reversal and new trial as to defendant Selpro Realty Corporation.