Legal Opinion · Dissent

Becker v. City of New York

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

Decided December 31, 1984Published

1Dissent

Thompson, J. P.,

dissents and votes to reverse the judgment appealed from and grant a new trial, with the following memorandum: There are several reasons for ordering a new trial in *598this case. First and foremost, the verdict is totally contrary to the weight of the credible evidence. Plaintiff Katherine Becker was injured in December, 1980 when she fell on a sidewalk. Although three separate entities were named as defendants, the entire case proceeded on a theory that the negligent party was the City of New York, based upon its failure to repair a defective sidewalk. The verified complaint…

2Cases cited10 opinions

  1. James-Smith v. RottenbergAppellate Division of the Supreme Court of the State of New York · 1969
  2. Eggeling v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
  3. O'Hearn v. O'HearnAppellate Division of the Supreme Court of the State of New York · 1976
  4. Barry v. Niagara Frontier Transit System, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  5. A. B. C. Carpet Co. v. Jason Minick, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

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