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MARCUS v. MANHATTAN BEACH PARKS CORP
Appellate Division of the Supreme Court of New York, First Department.
Jan 24, 1936
PER CURIAM.
From the plaintiff's proof and the photographs in evidence, the jury could have found that the defect which caused the plaintiff's fall was the result of gradual wear or deterioration and that consequently the defendant was chargeable with constructive notice of the condition.
The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.
PER CURIAM.
Judgment dismissing the complaint at the close of plaintiff's case reversed and a new trial ordered, with costs to the appellant to abide the event.
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