BRADY v. CITY OF NEW YORK


39 A.D.2d 600 (1972)

Florence E. Brady, as Administratrix of The Estate of Terrance P. Brady, Deceased, Appellant, v. City of New York, Respondent

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

April 24, 1972


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. Plaintiff's intestate was drowned when the automobile he was driving broke through a retaining wall running along the westerly side of the North Channel Bridge and fell into the water. There were no witnesses to the accident, which occurred sometime prior to 7:10 A.M. on the morning of January 19, 1963. The weather was foggy. Police investigation...

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