THOMAS v. CITY OF NEW YORK


25 A.D.2d 787 (1966)

Jennie Thomas, Appellant, v. City of New York, Respondent

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

April 25, 1966


Judgment reversed, on the law, with costs to appellant, and new trial granted.

No questions of fact were considered. In our opinion the learned trial court erred in dismissing the complaint. We find that plaintiff presented proof which prima facie established liability and that defendant presented proof tending to exculpate itself. Under these circumstances the issue as to liability should have been submitted...

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