SCHLAM v. CITY OF NEW YORK


33 A.D.2d 1025 (1970)

Sally Schlam, Appellant, v. City of New York, Respondent

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

February 2, 1970


Judgment reversed, on the law, and new trial on the issues of liability only granted, with costs to abide the event.

The findings of fact below are affirmed. Upon alighting from a bus, plaintiff was injured when her foot went into a broken curb of a sidewalk, causing her to fall. The proof was undisputed that defendant, the City of New York, had actual notice of the defective condition and ample time to remedy it. The issue of notice, therefore, should not have been...

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