MORGAN v. TOWN OF NORTH HEMPSTEAD


43 A.D.2d 591 (1973)

Dorothy Morgan et al., Appellants, v. Town of North Hempstead et al., Respondents

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

November 26, 1973


Judgment reversed, on the law, without costs, defendants' motion denied, complaint reinstated and new trial granted.

The appeal did not present questions of fact. Mrs. Morgan sustained injuries when she allegedly slipped and fell on an icy sidewalk abutting premises purportedly owned and under the control of the Port Washington Public Parking District. Timely notices of claim were filed. In its preliminary statement, the trial court informed the jury that plaintiffs...

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