Irizarry v. City of New York

Judgment, Supreme Court, New York County, entered June 10, 1971, dismissing plaintiff’s complaint for failure to present a prima facie case at trial on the issue of liability only, unanimously affirmed, without costs and disbursements. Plaintiff claims personal injury in that on the evening of May 4, 1965, as she was ascending the wet stoop to her house on East 98th Street in Manhattan, she was hit in the back of her head by gushing water and in avoiding such water, she slipped off the stoop. The wet condition of the stoop and the gushing water were apparently caused by children opening the…