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PALM v. CITY OF NEW YORK

14 N.Y.2d 591 (1964)

Quintina Palm, Respondent, v. City of New York et al., Defendants, and New York City Housing Authority, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1964.

Attorney(s) appearing for the Case

John Nielsen and Francis P. Cunnion for appellant.

Solomon Boneparth for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Taking no part: Judge BERGAN.

Judgment affirmed, with costs, on the following memorandum: The trial court instructed the jury that violation by appellant of the New York City Health Code (art. 153, § 153.19) would be "some evidence of negligence". This was error (City of Rochester v. Campbell, 123 N.Y. 405; see Steitz v. City of Beacon, 295 N.Y. 51, 56) since it could be taken by the jury to mean that if the plank were on the sidewalk appellant...

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