The evidence as to infant plaintiff's injuries does not warrant disturbing the discretion exercised by the Trial Judge (Kligman v. City of New York, 281 App. Div. 93). In affirming we are constrained to note that an examination of the record fails to disclose satisfactory proof of notice, either actual or constructive. Also, the only evidence with respect to the manner in which the accident occurred appears to be the unsworn testimony of the infant plaintiff, which...
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