MONLLAS v. CITY OF NEW YORK


27 A.D.2d 722 (1967)

Calliope Monllas et al., Appellants, v. City of New York, Respondent

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

February 21, 1967


Judgment unanimously reversed, on the law and on the facts, and a new trial ordered, with $50 costs to appellants to abide the event.

The somewhat confusing trial proof presented factual issues as to the precise place where plaintiff wife fell on a city sidewalk and the nature of the claimed defect. This appellant identified the spot where she fell and an apparently disinterested witness testified that there was a hole thereat 1½ feet long, 7 inches wide and...

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