ROSA v. CITY OF NEW YORK


22 A.D.2d 667 (1964)

Maria Rosa, Appellant, v. City of New York, Respondent

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

October 22, 1964


Judgment unanimously reversed on the law and on the facts, and a new trial ordered, with $50 costs to appellant.

Plaintiff's claim of negligence is that she was caused to fall because of a hole in the sidewalk. While the claim may be of doubtful merit and, under the circumstances of this case, the burden of proving liability on the part of the defendant a difficult one, such possibilities afford no reason to reject this appeal. Plaintiff is entitled to a fair and...

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