SULPIZI v. CITY OF NEW ROCHELLE


42 A.D.2d 723 (1973)

Alvia Sulpizi et al., Appellants, v. City of New Rochelle, Respondent, and Rutstein Holding Corporation et al., Defendants

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

July 2, 1973


Judgment reversed, on the law, and in the interests of justice, and a new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. Appeal from order dismissed as academic.

Plaintiff wife was injured when she fell on a sidewalk abutting North Avenue in the City of New Rochelle. The city's answer denied ownership of the sidewalk and denied that it had a duty to maintain the sidewalk. The proof at trial, which we view in a light...

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