DE TANKERVILLE v. CITY OF NEW YORK


28 A.D.2d 1099 (1967)

Ethel De Tankerville et al., Appellants, v. City of New York, Respondent

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

November 2, 1967


Judgment for defendant unanimously affirmed, with $50 costs and disbursements to respondent.

In this action against the city to recover for personal injuries resulting from a fall upon a sidewalk, there was no proof of actual notice to the city of the very small hole which caught the heel of plaintiff's shoe. Also, as a matter of law, the evidence in the record as to the nature and size of the alleged hole and the length of time of its existence is not sufficient...

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