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McDERMOT v. CITY OF NEW YORK

No. 152, Docket 26372.

287 F.2d 49 (1961)

Mamie McDERMOT and John F. McDermot, Plaintiffs-Appellants, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 17, 1961.

Attorney(s) appearing for the Case

John Selawsky, New York City (Marcus & Levy, New York City, on the brief), for plaintiffs-appellants.

John A. Murray, New York City (Charles H. Tenney, Corp. Counsel, and Seymour B. Quel, New York City, on the brief), for defendant-appellee.

Before CLARK, MOORE, and FRIENDLY, Circuit Judges.

PER CURIAM.

Plaintiffs, Mamie McDermot and John F. McDermot, her husband, appeal from a judgment for defendant City of New York in an action for personal injuries sustained by her from a fall on the defendant's streets. On January 14, 1957, as she was crossing Ninth Avenue at 57th Street in New York City, she fell in a one- or one-and-a-half-inch rut in a somewhat depressed area of a generally uneven, cobblestone street. The court below held that there was a question...

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