Granville v. City of New York

Wallach, J. (dissenting).

Even if we assume, as does the majority, that the step installed by the abutting owner’s (Lincoln’s) predecessor in title and which may encroach upon the sidewalk a few inches constitutes a "special use,” such a possibility does not, standing alone, expose defendant Lincoln to liability in this case.* Plaintiff, in his examination before trial, testified that he tripped and fell on a sidewalk defect four to five feet away from the step. That defect consisted of a "bump” where the jagged and raised portion of the sidewalk protruded upward four to six inches from the…