RAINONE v. CITY OF NEW YORK


285 A.D. 1078 (1955)

Rocco Rainone et al., Appellants, v. City of New York, Respondent

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

April 16, 1955.


Judgment reversed and new trial granted, with costs to appellants to abide the event. The accident occurred when appellant wife slipped on ice in a roadway twenty-two days after the snowfall of December 27, 1947.

In our opinion, the evidence was sufficient to create a question of fact as to respondent's negligence and the freedom of appellant wife from contributory...

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