HICKEY v. CITY OF NEW YORK


28 A.D.2d 1008 (1967)

Ann Hickey, Appellant, v. City of New York, Respondent, et al., Defendant

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

October 30, 1967


No questions of fact were considered on this appeal. In our opinion plaintiff made out a prima facie case and was entitled to have the jury decide the issue. It was also error to exclude from evidence the photographs offered after they were sufficiently identified as a fair and reasonable representation of the condition of the sidewalk on the day of the accident (Saporito v. City of New York, 14 N.Y.2d 474). It was further error...

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