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Relyea v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1936
249 App. Div. 649 (N.Y. App. Div. 1936)

Opinion

November 23, 1936.

Present — Lazansky, P.J., Young, Hagarty, Adel and Taylor, JJ.


Judgment for the plaintiff against defendant city of New York in the sum of $5,000, with interest and costs, and against defendant city of New York on its cross-complaint against the contractor, Sprague Construction Co., Inc., in an action for damages for injuries sustained by reason of the failure to grade an embankment adjacent to a sidewalk, unanimously affirmed, with costs. In our opinion, the proof adduced by the city expressly shows that the city had accepted the work of the contractor in question here and had officially turned the sidewalk over for public use prior to the day of the accident. ( Weis v. Long Island R.R. Co., 262 N.Y. 352; Town of Tonawanda v. Stapell, Mumm Beals Corp., 240 App. Div. 472.)


Summaries of

Relyea v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1936
249 App. Div. 649 (N.Y. App. Div. 1936)
Case details for

Relyea v. City of New York

Case Details

Full title:MARTHA RELYEA, Respondent, v. THE CITY OF NEW YORK, Appellant, and SPRAGUE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 23, 1936

Citations

249 App. Div. 649 (N.Y. App. Div. 1936)

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