Judgment reversed on the law and the facts; the action insofar as it is by the plaintiff William Li Pera is severed and dismissed, without costs; and a new trial is granted between the remaining parties upon the main complaint and the third-party complaint, with costs to abide the event.
The evidence offered was insufficient to establish, prima facie, a case of actionable negligence on the part of the defendant city. The female plaintiff tripped on a metal water cap...
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