Dittman v. City of New York — 114 N.Y.S. 1125

Majority

p. 1125

DITTMAN, Respondent, v. CITY OF NEW YORK, Appellant.

(Supreme Court, Appellate Division, First Department.

December 24, 1908.)

Headnote

Action by Annie Dittman against the City of New York. T. Connoly, for appellant. M. Gukor, for respondent.

Judgment and order reversed, and new trial ordered, costs to appellant to abide event, on the ground that the verdict is against the weight of evidence as to the hole being independent of the catch-basin in the street in front of the sewer. Order filed. See, also, 58 Misc. Rep. 52 , 110 N. Y. Supp. 40 .

PATTERSON, P. J., dissents.

Cases cited

Dittman v. City of New York 58 Misc. Rep. 52 N.Y. Sup. Ct. at 110 p. 1125