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SABATELLI v. AEMOS REALTY CORP.

281 A.D. 334 (1953)

Joseph Sabatelli, Respondent, v. Aemos Realty Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1953.

Attorney(s) appearing for the Case

Joseph Kane of counsel (Alexander Orr, Jr., with him on the brief; Evans, Rees, Orr & Walsh, attorneys), for appellant.

Irving A. Thau of counsel (Jacob D. Fuchsberg with him on the brief; Philip Silberman, attorney), for respondent.

PECK, P. J., CALLAHAN, BREITEL, FOSTER and BERGAN, JJ., concur.

Per Curiam.

The accident in this case occurred on March 2, 1944. Plaintiff's complaint was served on June 28, 1944. It alleged that defendant maintained an opening on the sidewalk in front of its premises at 53 West 90th Street, New York City, leading into a chute connected with the cellar, and that the fall of the plaintiff was caused by the cover of said opening being improperly maintained. Plaintiff alleged that...

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