SCHERM v. TOWN OF NORTH HEMPSTEAD


45 A.D.2d 886 (1974)

Lillian Scherm et al., Appellants, v. Town of North Hempstead, Respondent

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

July 22, 1974


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

The appeal did not present questions of fact. Plaintiffs' proof established that in 1966 at the direction of the defendant's Superintendent of Highways, employees of defendant inspected and surveyed all its sidewalks. The results of the inspection were reduced to writing and filed with defendant's Highway Department. A similar inspection and survey was conducted in 1967. As part of...

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