McCAFFREY v. CITY OF ROCHESTER


286 A.D. 1151 (1955)

Joseph A. McCaffrey et al., Respondents, v. City of Rochester, Defendant, and Main-Franklin Corporation et al., Appellants

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

November 16, 1955.


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

Memorandum:

We feel that we cannot say as a matter of law that the alleged defect or irregularity in the surface of the sidewalk was not negligence. (Loughran v. City of New York, 298 N.Y. 320; Wilson v. Jaybro Realty & Development Co., 289 N.Y. 410.) The proof in regard to this essential...

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