Leonard v. Hahn

Plaintiff brought this action in nuisance, claiming that two concrete steps maintained by defendant at the entrance to his building unlawfully obstructed the public sidewalk, and that such obstruction created a dangerous condition causing plaintiff, without fault on her part, to trip and sustain personal injuries. After answer, on defendant’s motion for judgment on the pleadings the court at Special Term dismissed *273the complaint on the ground that it failed to show compliance with section 23 of the Utica City Charter of 1880 (L. 1880, ch. 539, § 2). We think that such dismissal was error.

Prior…