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DUTCH v. SCUDATO

7 A.D.2d 623 (1958)

Frances Dutch et al., Respondents, v. Murray Scudato, Appellant, and City of New York, Appellant-Respondent

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

November 5, 1958

MEMORANDUM BY THE COURT.

According to the testimony of the plaintiff, her foot caught in a depression underneath the coal hole cover of such nature and dimensions that it could constitute a trap. The photographs which she introduced into evidence are poor representations of the scene of the accident, and do not conclusively establish or rule out such a depression. In any event, the jury saw and decided the probative value of the photographs. This, together with the...

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