Legal Opinion
Grogan v. Rappaport
City of New York Municipal Court
Decided February 25, 1937Published
1Opinion of the CourtMadigan, J.
Whether a lock and its fittings resting on the outside of sidewalk cellar doors indicate negligent maintenance may be a question of fact. The fastenings may be so large or so placed as to constitute a condition unreasonably dangerous to those using the sidewalk.
In Kempe v. Concourse Realty Corporation (237 App. Div. 708) the lock was, at most, four inches from the building. Here, according to defendants, the lock and the attachments which served as staples were fifteen inches from the building. Moreover, in this instance a showcase was kept in a position such that pedestrians *546interested in…
2Cases cited5 opinions
- Appel v. MullerNew York Court of Appeals · 1933
- Matter of Green v. MillerNew York Court of Appeals · 1928
- Powers v. Village of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1914
- Gildea v. Harris Fine Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Kempe v. Concourse Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1933