MORAN v. CITY OF YONKERS


282 A.D. 702 (1953)

Catherine Moran, Respondent, v. City of Yonkers, Appellant

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

June 1, 1953.


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

The undisputed proof is that the accident occurred at a point on a sidewalk on Cowles Avenue, in the city of Yonkers, about 100 feet distant from the nearest side of premises known as 119 Cowles Avenue, on the same side of the street. Plaintiff's notice of claim, given in pursuance of section 50-e of the General Municipal Law, stated that the accident happened on the sidewalk in front...

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