Cullen v. Austin Development Co.

This is an appeal by the defendánt Austin Development Co., Inc., from a judgment in favor of the plaintiff after a trial, without a jury, entered in the City Court, New York County.

The plaintiff sued to recover damages for personal injuries sustained in falling down a sidewalk cellarway which he claimed was open and unguarded.' A photograph of this cellarway is defendant’s Exhibit A.

The amended complaint pleads both nuisance and negligence.

The plaintiff sued the defendant Austin Development Co., Inc., as the owner and one in control of the premises, and the defendant Abrams, who had authority…