Boreyko v. Bay Ridge Savings Bank

Action to recover damages for personal injuries suffered by plaintiff as a consequence of the existence of a hole in a party driveway adjoining a one-family house which defendant had demised to a tenant with whom plaintiff resided. Plaintiff, while operating a motorcycle on the driveway, struck a hole and was thrown against the building. On motion by the plaintiff, the trial court directed that plaintiff’s exceptions be heard in the first instance by the Appellate Division, pending the decision of a motion for a new trial upon the ground that certain rulings were erroneous. Plaintiff’s…