Hecht v. City of New York

Kupferman, J. (dissenting).

The plaintiff sues for personal injuries arising from a fall on a sidewalk on the south side of 52nd Street between Sixth and Seventh Avenues, in the Borough of Manhattan, in front of a garage owned and operated by the defendant, Square Depew Garage Corp. The jury verdict was in favor of the plaintiff in the amount of $50,000. The issue before us is liability and the allocation as between the garage and the City of New York. The proof of the defective sidewalk consisted of photographs showing a lateral separation between flagstones of approximately one inch or more…