SEILS v. CITY OF ROCHESTER


37 A.D.2d 684 (1971)

Mabel Seils, Respondent, v. City of Rochester, Appellant. (Appeal No. 1.)

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

June 25, 1971


Judgment unanimously reversed on the law and facts, without costs, and complaint dismissed.

Memorandum: By her own unequivocal testimony plaintiff established that the injuries for which she has been awarded a verdict were sustained when she alighted from a bus and stepped on a broken curb. Since no written notice of the alleged defective condition had been given to the city, it was determined on a motion for summary judgment that the trial would be limited to proof...

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