McCOY v. CITY OF NEW YORK


38 A.D.2d 961 (1972)

Mary McCoy, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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, with costs to abide the event. The appeal did not present questions of fact.

Plaintiff was injured in a fall when she tripped and fell on a hole in a public sidewalk. She testified she did not see the defective condition prior to her fall, but afterwards noticed that her foot was in a hole in the sidewalk and that the area around the hole was broken and cracked. She introduced 11 photographs into evidence, dated...

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