HOLDER v. CITY OF YONKERS


281 A.D. 975 (1953)

Eleanor Holder et al., Respondents, v. City of Yonkers, Appellant

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

April 7, 1953.


Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs.

If we were not dismissing the complaint, we would nevertheless reverse the judgment and grant a new trial on the ground that the verdict was against the weight of the evidence. The fall was caused by plaintiff wife slipping on a step which by reason of long usage had become worn and chipped for an inch and one half back from the edge, on the surface, or that part which was...

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