SMITH v. CITY OF NEW YORK


38 A.D.2d 965 (1972)

Betty Smith et al., Appellants, v. City of New York, Respondent, et al., Defendants

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

March 20, 1972


Judgment reversed, on the law, and new trial granted as against defendant City of New York, with costs to abide the event. The appeal from the judgment presented no questions of fact. Appeal from order of August 30, 1966 dismissed as academic, without costs.

At the trial the plaintiff wife testified she fell on a city sidewalk when her foot caught in a hole. Both plaintiffs described the hole as being roughly triangular in shape, three inches on each side and approximately...

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