Suchovalsky v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Abraham Suchova'sky against the City of New York. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGiegerich, J.
This is an action to recover damages for personal injuries sustained by the plaintiff in falling into an excavation in one of the streets of the city of New York. As there was no evidence that the defendant had actual knowledge of the excavation, or that it had existed for such length of time as to justify the imputation of knowledge, there was no sufficient support for the claim that the city had been negligent in failing properly to guard the excavation. McDonald v. Degnon-McLean Contracting Co., 124 App. Div. 824, 827, 828, 109 N. Y. Supp. 519; Buckley v. City of New York, 135 App. Div.…
2Cases cited2 opinions
- McDonald v. Degnon-McLean Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Buckley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909