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Lercari v. City of New York

278 N.Y. 664 Court N.Y. Decision date 1938-07-07 English

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p. 664
Louis Lercari, an Infant, by Stephen Lercari, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent.
Argued May 31, 1938;
decided July 7, 1938.
p. 665
Joseph P. Walsh for appellants.
William C. Chanler, Corporation Counsel (Paxton Blair and George J. Conway of counsel), for respondent.

Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division. The evidence of constructive notice is sufficient to charge the defendant with liability. No opinion.

Concur: Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ. Taking no part: Crane, Ch. J.