Claessens v. City of Troy

Appellate Division of the Supreme Court of New York

Claessens v. City of Troy

272 A.D.2d 971

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 1, 1947

StatusPublished

This text of 272 A.D.2d 971 (Claessens v. City of Troy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claessens v. City of Troy, 272 A.D.2d 971 (N.Y. Ct. App. 1947).

Pincite

Opinion

Appeal from an order setting aside verdicts recovered by plaintiffs-appellants in an action for damages arising from negligence of the city in permitting a dangerous and unsafe condition to exist adjacent to a walk over which pedestriáns were invited to walk to a natural ice-skating rink. The evidence sustains the verdict. The trial court held that there was a variance between the proof and [972]*972the pleadings. There was a variance hut it was not so substantial as to require the verdict to be set aside. There was no merit in the contention of the defendant that it was tricked into believing the case was solely a snow and ice case. The city had notice of the existence of the hole which played a decisive role in the accident. Order and judgments reversed, on the law and facts, and the verdicts of the jury reinstated, with costs to the appellants. All concur.

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Appeal from an order setting aside verdicts recovered by plaintiffs-appellants in an action for damages arising from negligence of the city in permitting a dangerous and unsafe condition to exist adjacent to a walk over which pedestriáns were invited to walk to a natural ice-skating rink. The evidence sustains the verdict. The trial court held that there was a variance between the proof and [972]*972the pleadings. There was a variance hut it was not so substantial as to require the verdict to be set aside. There was no merit in the contention of the defendant that it was tricked into believing the case was solely a snow and ice case. The city had notice of the existence of the hole which played a decisive role in the accident. Order and judgments reversed, on the law and facts, and the verdicts of the jury reinstated, with costs to the appellants. All concur.

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Bluebook (online)

272 A.D.2d 971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claessens-v-city-of-troy-nyappdiv-1947.