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PROCIDA v. CITY OF NEW YORK

34 A.D.2d 821 (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.

May 25, 1970

In our opinion, the evidence presented was insufficient upon which to base an inference that the defendant City of New York had notice, either actual or constructive, of the dangerous condition (see Olsen v. City of New York, 30 A.D.2d 812; McDermot v. City of New York, 287 F.2d 49, 50). In view of our determination herein in favor of appellant against plaintiff, the portion of the amended...

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