Legal Opinion

Esposito v. City of New Rochelle

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

Decided October 19, 1959Published

1Opinion of the Court

In an action by an infant to recover *688damages for personal injuries and by his father for medical expenses and loss of services, the appeal is from so much of a judgment of the City Court of New Rochelle, entered on a jury verdict, as is in favor of respondents against appellants. Judgment reversed on the law and the facts, with costs, and complaint dismissed. Appurtenant to premises owned by appellants is an opening in the sidewalk covered by an iron grating. Respondents claim that the infant was injured when he stepped on the grating and it tipped, causing him to fall into the opening below.…

2Cases cited3 opinions

  1. Martin v. . PettitNew York Court of Appeals · 1889
  2. Kirby v. NewmanNew York Court of Appeals · 1925
  3. Brady v. ShepardAppellate Division of the Supreme Court of the State of New York · 1899

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