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MARCARIO v. CITY OF NEW YORK

278 A.D. 712 (1951)

Joseph Marcario et al., Appellants, v. City of New York, Respondent

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

March 19, 1951.

Judgment dismissing the complaint reversed on the law and the facts, with costs, defendant's motion denied, the verdict for plaintiffs reinstated, and judgment directed to be entered thereon, with costs.

The proof adduced by plaintiffs was sufficient to present to the jury an issue as to the actionable negligence of the defendant. (Rivero v. City of New York, 290 N.Y. 204, 207; Graf v. State of New York, 287 N.Y. 594; Wager v. State of New York

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