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GRACE v. CITY OF NEW YORK

4 A.D.2d 1022 (1957)

Barbara Grace et al., Appellants-Respondents, v. City of New York et al., Respondents-Appellants

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

December 17, 1957

MEMORANDUM BY THE COURT.

The trial court at the end of the plaintiffs' case dismissed the complaint, but not upon the merits, upon the sole ground that there had been a failure to show that the accident and resulting injuries were caused by a hole in the sidewalk from which protruded two metal prongs. There was evidence from the superintendent of the building that this condition had existed for 31 years. In passing upon the motion, the truth of the evidence put in...

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