Collins v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of March, 1918, upon the verdict of a jury for-$4,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of March, 1918, upon the verdict of a jury for-$4,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. About half-past seven o’clock in the evening of March 17, 1916, plaintiff’s intestate husband, a man about forty-two years of age, was found upon the southerly sidewalk of Crown street near the southeast corner of Crown…
1Opinion of the Court
Per Curiam :
We think the notice of claim served upon the city in this case was sufficiently definite. (Beyer v. City of North Tonawanda, 183 N. Y. 338.) While the point where deceased was found was not at the exact intersection of the easterly side of Franklin avenue with the southerly side of Crown street, still it was upon the Crown street side of the corner building and this sidewalk was sufficiently identified in the notice. The evidence introduced by plaintiff as to accumulations of uneven ice upon the sidewalk, and as to the time during which such conditions prevailed, was, in our…
2Cases cited3 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
- Jones v. RyanAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Wolfson v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
- Dougherty v. Pratt InstituteNew York Supreme Court · 1925