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HECHT v. CITY OF NEW YORK

89 A.D.2d 524 (1982)

Estelle Hecht, Respondent, v. City of New York, Appellant, and Square Depew Garage Corp., Respondent and Third-Party Plaintiff. Cuneo Construction Corp., Third-Party Defendant

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

July 15, 1982

In this negligence action there was no showing that an actionable defect in the sidewalk existed. Without any evidence to support such a finding it was legal error to permit the jury to consider whether either defendant had had constructive notice and an obligation to repair. (Cohen v Hallmark Cards, 45 N.Y.2d 493, 499.) Since we see no purpose in sending this case back for a new trial, we exercise our statutory power (CPLR 5522...

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