PROCIDA v. CITY OF NEW YORK


34 A.D.2d 556 (1970)

Carmelo Procida, Respondent, v. City of New York, Appellant, and Ralph Tomasetti, Doing Business as Ralph Tomasetti & Co., Respondent, et al., Defendant

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

March 13, 1970


Amended judgment modified, on the law and the facts, by striking therefrom the decretal paragraph which is in plaintiff's favor against the defendant City of New York and substituting therefor a provision that plaintiff's complaint as against said defendant is dismissed. As so modified, amended judgment affirmed, without costs.

In our opinion, the evidence presented was insufficient upon which to base an inference that the defendant City of New York had notice, either...

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