Grivas v. City of New York — 295 N.Y. 955

Majority

p. 955

Helen Grivas, as Administratrix of the Estate of John M. Grivas, Deceased, Appellant, v. City of New York, Respondent.

Argued March 5, 1946;

decided June 6, 1946.

p. 956

Seymour L. Colin, Arthur L. Obre, Robert R. Bauman and George A. Grabow for appellant.

John J. Bennett, Corporation Counsel (Aaron B. Coleman and Joseph F. Mulqueen, Jr., of counsel), for respondent.

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented the following questions of fact for the jury: whether the defendant was negligent in failing (a) to keep the viaduct sanded, (b) to post a sign warning drivers that the road was slippery when wet, and (c) to provide an adequate barrier. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, and Dye, JJ. Taking no part: Thacher, J.