Monahan v. City of New York

In a negligence action to recover damages for personal injuries sustained when plaintiff slipped and fell on a patch of ice on a crosswalk, defendant appeals from a judgment of the Supreme Court, Kings County, entered May 16, 1967, in favor of plaintiff upon a jury verdict. Judgment reversed, on the law and the facts, with costs, .and complaint dismissed, without costs. Viewing the facts most favorably to plaintiff, we are of the opinion that he failed to establish any negligence on the part of defendant (cf. McGwire v. City of New York, 24 A D 2d 496, affd. 18 N Y 2d 880; Dupont v. Village…