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McDERMOTT v. CITY OF NEW YORK

7 A.D.2d 745 (1958)

Helen McDermott, an Infant, by Michael McDermott, Her Guardian ad Litem, et al., Respondents, v. City of New York, Appellant, et al., Defendants City of New York, Third-Party Plaintiff, v. Detlef Kuhl et al., Third-Party Defendants

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

December 15, 1958

Judgment insofar as appealed from affirmed, with costs.

The difference in grade at the point where the infant fell was given as from 2½ to 2¾ inches. Liability attaches to the municipality in such a situation (Carbin v. City of New York, 276 App. Div. 980; Wilson v. Jaybro Realty & Development Co., 289 N.Y. 410; Loughran v. City of New York, 298 N.Y. 320). In the absence of any attempt to controvert the medical testimony given on...

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