Legal Opinion

McEvoy v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1943PublishedCited by 32 opinions

1Opinion of the CourtClose, P. J.

The plaintiff occupied as tenant a one-family house which fronted upon a sidewalk in the borough of Richmond. A hole which existed in the sidewalk in front of plaintiff’s house became, during the period of her occupancy, so enlarged and of such character that it occasioned the fall of the plaintiff upon the sidewalk and caused the personal injuries for which a jury has awarded her damages in the amount of $2,000.

The defendant City appeals and urges that the plaintiff may not recover because of her failure to keep the sidewalk in repair in obedience to the mandate of the Administrative Code of…

2Cases cited5 opinions

  1. Martin v. HerzogNew York Court of Appeals · 1920
  2. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  3. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  4. City of Keokuk v. Independent DistrictSupreme Court of Iowa · 1880
  5. Larson v. . Nassau Electric R.R. Co.New York Court of Appeals · 1918

3Cited by32 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Maddox v. City of New YorkNew York Court of Appeals · 1985
  3. Edith Schneider and Herman Schneider v. Emanuel Revici, M.D., and Institute of Applied Biology, Inc., DefendantsCourt of Appeals for the Second Circuit · 1987
  4. Schaefer v. LenahanCalifornia Court of Appeal · 1944
  5. Maddox v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985

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