SCHWARTZ v. CITY OF NEW YORK


18 A.D.2d 1062 (1963)

Marjorie Schwartz et al., Respondents, v. City of New York et al., Appellants

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

April 18, 1963


Determination of Appellate Term which modified in part and otherwise affirmed the resettled judgment of the City Court, unanimously reversed, on the law and on the facts, and a new trial ordered, with costs to abide the event.

In submitting the case to the jury, the trial court charged that the city could be held liable if it were found either that it had failed to remove the bedspring obstructing the sidewalk or had failed to properly maintain the street lights....

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