New York Court of Appeals

Mary Lalor, Respondent v. the City of New York, Appellant

May 20, 1913208 N.Y. 431

Summary

The Court of Appeals held that a precise, measured testimony that a pavement hole was four inches deep controls over speculative estimates of depth, so no genuine issue of fact existed. Accordingly, the trial court's dismissal of the plaintiff's negligence claim was proper and the appellate reversal was reversed.