CULLEY v. CITY OF NEW YORK


25 A.D.2d 519 (1966)

John A. Culley, Appellant, v. City of New York, Respondent

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

February 24, 1966


Judgment dismissing the complaint, unanimously reversed on the law, and a new trial ordered on the combined issues of liability and damages, with $50 costs and disbursements to the appellant to abide the event.

It is our opinion that the court should not have set aside the jury's verdict and should not have directed a judgment for the defendant and dismissed the complaint. The evidence with respect to the negligence of the city presented a question of fact, which...

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