Cohen v. City of New York — 296 N.Y. 814

Majority

p. 814

Frances Cohen et al., Appellants, v. City of New York, Respondent.

Argued November 19, 1946;

decided January 16, 1947.

p. 815

Robert Hyman and Jesse L. Goldberg for appellants.

John J, Bennett, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondent.

Judgments reversed and a new trial granted, with costs to abide the event on the following grounds: The description of the scene of the accident, in the notice of claim, was sufficient. The testimony made out a question of fact for the jury as to whether or not the city had been negligent in failing to remove the snow and ice from the crosswalk. No opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dyb and Fuld, JJ. Taking no part: Thacheb, J.