Legal Opinion

Lotito v. City of New York

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

Decided January 22, 1951PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries sustained by plaintiff when she fell because of an alleged defective condition of a sidewalk, plaintiff appeals from a judgment in favor of the defendant. Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. During the plaintiff’s case, counsel attempted to show that his client was suffering from defective vision at the time of the accident. Such proof was proper at that time on the question of the contributory negligence of the plaintiff, but the court sustained an objection…

2Cases cited2 opinions

  1. Loughran v. City of New YorkNew York Court of Appeals · 1948
  2. Shields v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1920

3Cited by1 opinion

  1. Kaplan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966

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