Cohen v. City of New York

Full title: FRANCES COHEN et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 16, 1947

72 N.E.2d 11 (N.Y. 1947)

72 N.E.2d 11

Opinion

Argued November 19, 1946

Decided January 16, 1947

Appeal from the Supreme Court, Appellate Division, Second Department, KADIEN, J.

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: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ. Taking no part: THACHER, J.