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REINKRAUT v. CITY OF NEW YORK

23 Misc.2d 919 (1960)

Sara Reinkraut, Now Known as Sara R. Igle, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

January 28, 1960.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Seymour B. Quel and Robert L. Ellis of counsel), for appellant. Alfred S. Julien and Arnold L. Kleinick for respondent.

Concur — HECHT, J. P., AURELIO and TILZER, JJ.

Per Curiam.

The city may not be charged with negligence solely by reason of the fact that it located and maintained a manhole cover on the sidewalk in connection with a useful public purpose. Unless there is proof of a defect in construction or maintenance, or that it was not constructed flush with the sidewalk or that it was obviously dangerous to pedestrians, there is no warrant for a finding of negligence and liability...

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