Legal Opinion

Colson v. Joseph E. Wood Realty Co.

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

Decided November 9, 1972PublishedCited by 14 opinions

1Opinion of the CourtReynolds, J.

This is an appeal from a judgment of the County Court, Fulton County, entered upon an order at Trial Term granting defendants ’ motion to dismiss the complaint at the close of the plaintiffs ’ evidence.

On the evening of December 14, 1964 appellant, Ruth Colson, allegedly stepped into a hole in the curb at the corner of Arlington Avenue and Fulton Street in the City of Grloversville, New *512York, fell and broke her right elbow. At this corner is a Sears, Roebuck store located on land owned by the respondent Joseph E. Wood Realty Co. Appellants urge here that a triable issue of fact had been…

2Cases cited3 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Willis v. . ParkerNew York Court of Appeals · 1919
  3. Daly v. RectorAppellate Division of the Supreme Court of the State of New York · 1919

3Cited by14 opinions

  1. Hausser v. GiuntaNew York Court of Appeals · 1996
  2. Kiernan v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. Appio v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1988
  4. Brady v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1990
  5. Goodman v. 78 West 47th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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