CALDICOTT v. CITY OF NEW YORK


32 A.D.2d 832 (1969)

Florence Caldicott, Appellant, v. City of New York, Respondent

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

June 30, 1969


Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below are affirmed.

Plaintiff sustained her injuries in a sidewalk fall, allegedly caused by an elevated flagstone. The height of the elevation was variously described as being about two inches (by plaintiff), between two and three inches (by plaintiff's daughter), and one and one-half to two inches (by the owner of a nearby store). Under the circumstances, the...

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