JOHNSEN v. GALLAGHER


28 A.D.2d 560 (1967)

Walter Johnsen, Respondent, v. Bernard Gallagher et al., Appellants

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

May 22, 1967


As so modified, judgment affirmed, with one bill of costs to plaintiff jointly against the defendants who filed separate briefs and with costs to the defendant City of New York jointly against the other defendants who filed separate briefs.

There was no proof that the City of New York had other than constructive notice of the condition of the sidewalk or that there was such acquiescence in the condition as to discharge the primary tort-feasors for injuries caused...

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