Grace v. City of New York

Frank, J. (dissenting).

The trial court dismissed the complaint in this negligence action, but not on the merits. The majority of this court is reversing the judgment and ordering a new trial. We must dissent and vote to modify the judgment to direct a dismissal of the complaint on the merits.

We agree with the majority that there was proof of a defective condition in the sidewalk sufficient to create a question of fact. The crux of the issue is whether the plaintiff was injured by a fall resulting from that defect and at that point, or from some other cause and at another location on that…