Lodato v. Town of Oyster Bay

In a negligence action to recover damages for personal injuries, defendant Richard Bohner appeals from an interlocutory judgment of the Supreme Court, Nassau County, dated July 17, 1978, which is in favor of plaintiff and against him, after a jury trial limited to the issue of liability only. Interlocutory judgment reversed, on the law, and complaint dismissed, with costs. As the plaintiff walked on the sidewalk abutting the premises owned by defendant Bohner, she tripped over an elevated flag of concrete and fell, injuring herself. The evidence adduced at the trial showed only that defendant…