KEIRSTEAD v. CITY OF NEW YORK


24 A.D.2d 486 (1965)

Mildred Keirstead et al., Appellants, v. City of New York, Respondent

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

June 14, 1965


Judgment affirmed, without costs.

The undisputed physical facts, as shown by the photographs in the record as well as by the testimony offered on behalf of the plaintiffs, establish that the elevation was slight and that it had none of the characteristics of a trap or a snare; hence, the complaint was properly dismissed (cf. Lynch v. City of Beacon, 269 App. Div. 757, affd. 295 N.Y. 872). Moreover, the plaintiff wife at the time of the accident did not know...

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