Moran v. City of Yonkers

In an action to recover damages for personal injuries sustained by plaintiff by reason of a fall on an allegedly defective sidewalk, defendant appeals from a judgment in favor of plaintiff, rendered after trial. Judgment reversed on the law, with costs to abide the event, and new trial granted. The undisputed proof is that the accident occurred at a point on a sidewalk on Cowles Avenue, in the city of Yonkers, about 100 feet distant from the nearest side of premises known as 119 Cowles Avenue, on the same side of the street. Plaintiff’s notice of claim, given in pursuance of section 50-e of…