# Brown v. City of New York

> Appellate Division of the Supreme Court of the State of New York · December 18, 1939 · 258 A.D. 878

URL: https://www.frixlaw.com/law-library/cases/5361584

## Case

- **Full name:** Frances Brown and Her Husband Alton Brown v. The City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 18, 1939
- **Citations:** 258 A.D. 878; 16 N.Y.S.2d 203
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5361584

## Opinion text

Per Curiam.
Plaintiffs established a prima facie case which required the defendant to come forward in defense. It was error, therefore, to dismiss at the close of plaintiffs’ case. Reversible error was also committed in the exclusion of evidence offered to show the condition of the public sidewalks in the vicinity of the accident.
It follows, therefore, that the judgment and orders appealed from should be reversed and a new trial ordered, with costs to the appellant to abide the event.
Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.
Judgment and orders unanimously reversed and a new trial ordered, with costs to the appellants to abide the event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5361584. Public record. Not legal advice.