FRIEDMAN v. CITY OF NEW YORK


286 A.D. 881 (1955)

Alvin Friedman, Respondent, v. City of New York, Appellant, and Rose Sabella et al., Respondents

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

June 27, 1955.


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

The facts implicit in the jury's verdict are affirmed insofar as concerns the judgment for defendant Rose Sabella. With respect to the judgment for plaintiff we would in any event reverse because of excessiveness unless he stipulate to reduce the judgment to $25,000. Defendant City of New York was entitled to show, in avoidance of liability, that the negligence...

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