Spoto v. City of New York

Titone, J. P.,

dissents and votes to reverse the interlocutory judgment and grant a new trial, with the following memorandum: In the early morning hours of October 27, 1973 plaintiff Peter Spoto was found lying alongside an open manhole, in the vicinity of the easterly corner curb of West Street and Shore Parkway, in the borough of Brooklyn, New York City. Plaintiff testified at the trial that he had fallen into the open manhole after stepping off the curb and walking a few steps. In his pleadings plaintiff contended that the accident was caused by the negligence of defendant Buzzetta…