Hyperlawhypertext legal database Duffy v. Mayor of New York 55 N.Y.S. 1139

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Duffy v. Mayor of New York

55 N.Y.S. 1139 Court N.Y. App. Div. Decision date 1899-02-07 English

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p. 1139
DUFFY, Appellant, v. MAYOR, ETC., OF CITY OF NEW YORK, Respondent.
(Supreme Court, Appellate Division, Second Department.
February 7, 1899.)

Headnote

Action by Edward A. Duffy against the mayor, aldermen, and commonalty of the city of New York. Louis Steckler, for appellant. Theodore Connoly (Terence Farley, on the brief), for respondent.

We think the defect in the street was sufficient in character and extent to require submission to the jury of the question whether the city had properly discharged its duty in the maintenance of the highway. The judgment and order should be reversed, and a new trial granted; costs to abide the event.