CAPANO v. CITY OF NEW YORK


39 A.D.2d 855 (1972)

James J. Capano, Respondent, v. City of New York, Appellant

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

June 6, 1972


Unanimously reversed, on the law and on the facts, and vacated, and a new trial directed, with costs and disbursements to abide the event.

Though it appears that defendant's negligence was sufficiently established by the proof, we cannot say that certain parts of the charge — particularly those portions thereof which seemingly took the factual issue of negligence away from the jury and discussed the safe-place-to-work doctrine — were not prejudicial...

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