McKENDRY v. CITY OF NEW YORK


34 A.D.2d 576 (1970)

Margery McKendry et al., Appellants, v. City of New York et al., Respondents

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

March 30, 1970


Judgment reversed insofar as appealed from, with costs against said defendant; motion to set aside the verdict denied; verdict reinstated; and action severed as against said defendant.

The action is based upon a fall by the injured plaintiff on an icy sidewalk 47¼ hours after cessation of a 4.5-inch snowfall. The trial court set aside the jury's verdict in favor of plaintiffs on the ground that, since the accident happened less than 48 hours after the time the...

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