BRODSKY v. CITY OF N. Y.


9 Misc.2d 187 (1957)

Morris S. Brodsky, Appellant, v. City of New York, Respondent.

Supreme Court, Appellate Term, First Department.

November 7, 1957.


Attorney(s) appearing for the Case

Martin Lassoff and Edward Volet for appellant.

Peter Campbell Brown, Corporation Counsel (Abraham Satran of counsel), for respondent.

HOFSTADTER and TILZER, JJ., concur; AURELIO, J., dissents.


Per Curiam.

Even though the floor of the passageway was being washed or had just been washed when the plaintiff fell, in view of the fact that this passageway was the only means by which the plaintiff could reach the Brooklyn Bridge station, the plaintiff's proof was sufficient to call on the defendant to show whether the time and manner of the washing were, in the circumstances, appropriate and reasonable. It was...

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