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Brundage v. City of New York

91 N.Y.S. 1088 Court N.Y. App. Div. Decision date 1904-12-01 English

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p. 1088
BRUNDAGE, Respondent, v. CITY OF NEW YORK, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 1, 1904.)

Headnote

Action by Esther J. Brundage against the city of New York.

The record does not show that the plaintiff gave the proof of such a defect in the street to justify the submission of the question of defendant’s liability to the jury. Even if such a defect had been established, there is not sufficient proof of notice thereof in this record. Judgment and order reversed, and new trial granted; costs to abide the event.