Appellate Division of the Supreme Court of New York, 1940

Sinko v. City of New York

Sinko v. City of New York
Appellate Division of the Supreme Court of New York · Decided March 18, 1940
259 A.D. 741; 18 N.Y.S.2d 424; 1940 N.Y. App. Div. LEXIS 6494
Sinko v. City of New York

Opinion of the Court

Action to recover damages for the death of plaintiff’s intestate, who is alleged to have fallen from an outdoor stairway because of the negligence of the defendants in constructing and maintaining the structure. The trial justice held that the testimony of the only witness offered on the issue of causal connection between the alleged negligence and the death was incredible as a matter of law. Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. In the interest of substantial justice a new trial is required. Lazansky, ■ P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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