Lubarsky v. City of Long Beach

Motion for reargument granted. Upon reargument the original disposition is withdrawn and the following determination made:

This is an action to recover damages for personal injuries claimed to have been sustained by the plaintiff on June 19,1949, when, through the alleged negligence of the defendant in the maintenance and control of its boardwalk and stairway leading to a restroom, she was caused to fall and be precipitated down the said stairway.

Paragraph “ VII ” of the complaint alleges, in part, as follows: “ That heretofore and on the 19th day of August, 1949, and within sixty days after…