RODRIGUEZ v. CITY OF NEW YORK


7 A.D.2d 752 (1958)

Miguel Rodriguez, Appellant, v. City of New York, Respondent

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

December 22, 1958


Judgment affirmed, with costs.

No opinion.

Kleinfeld, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

Under all the circumstances, a question of fact was presented for the jury as to whether the defect in the sidewalk was the proximate cause of appellant's fall and consequent injuries — bearing in mind that the locus in quo is part of an extremely busy and crowded thoroughfare...

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