Legal Opinion

McCutcheon v. National City Bank

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

Decided November 23, 1942PublishedCited by 6 opinions

1Opinion of the Court

Plaintiff Mattie McCutcheon was caused to fall by the raising of the edge of a sidewalk where it adjoined a strip of metal frame at the edge of a vault cover in front of premises in possession and control of the appellant. There was no defect in the vault cover or the metal strip which caused the accident. The accident was caused by virtue of a defective or sloping sidewalk. There was no obligation on the part of the appellant to maintain the sidewalk beyond the line of this vault cover, or any part thereof. (Mullins v. Siegel-Cooper Co., 183 N. Y. 129; City of Rochester v. Campbell, 123 N.…

2Cases cited5 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
  3. Dedrick v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1917
  4. Schild v. . C.P., N. E.R.R.R. Co.New York Court of Appeals · 1892
  5. Kolsch v. H. F. Huettner, Inc.Appellate Division of the Supreme Court of the State of New York · 1937

3Cited by6 opinions

  1. Kaufman v. SilverNew York Court of Appeals · 1997
  2. Santorelli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
  3. McGee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  4. Allen v. CarrAppellate Division of the Supreme Court of the State of New York · 1967
  5. Flynn v. City of New YorkNew York Supreme Court · 1958

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