Ferres v. City of New Rochelle

Full title: DEAN FERRES et al., Respondents, v. CITY OF NEW ROCHELLE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1985

112 A.D.2d 918 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Westchester County (Marbach, J.).

Judgment affirmed, with costs.

At trial, plaintiffs produced ample evidence from which the defendant's negligence could be inferred. Thus, this issue was properly submitted to the jury. Furthermore, we agree with the Trial Judge's conclusion that General Obligations Law § 9-103 does not apply to the facts of this case. Lazer, J.P., Thompson, Rubin and Kunzeman, JJ., concur.