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PAULINE BOGART v. F. W. WOOLWORTH COMPANY (05/14/69)

COURT OF APPEALS OF NEW YORK 1969.NY.41520 <http://www.versuslaw.com>; 249 N.E.2d 771; 24 N.Y.2d 936 decided: May 14, 1969. PAULINE BOGART, RESPONDENT,v.F. W. WOOLWORTH COMPANY, APPELLANT Bogart v. Woolworth Co., 31 A.D.2d 685, reversed. Peter G. Abbey for appellant. S. Robert Silverman for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.


Bogart v. Woolworth Co., 31 A.D.2d 685, reversed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.

 Order reversed, without costs, and the complaint dismissed on the ground that, assuming that the sidewalk area in front of the defendant's premises had been adapted to its special use, there was neither actual nor constructive notice of the particular debris which allegedly caused plaintiff's fall.

19690514

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