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Thomas Romano v. The City of New York, Isaac Cutler and Helen Cutler and Louis Cutler and Paul Cutler, Individually and as Copartners Doing Business under the Trade Name of Louis Cutler & Son
— In an action by plaintiff for personal injuries suffered by reason of a claimed defect or hole in a sidewalk in which was lying a portion of an automobile spring claimed to have come from the junk yard of the defendants Cutler, the court directed a verdict in favor of all the defendants. As to defendant city of New York, judgment affirmed, with costs. No opinion.
Davis, Adel and Close, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote for reversal and a new trial on the ground that there was a question of fact as to the depth of the hole. As to defendants Cutler, judgment reversed on the law and a new trial granted, costs to appellant to abide the event, on the ground that there was a question of fact as to liability based on the “ metal spring ” and responsibility therefor.
(Hughes v. Borden’s Farm Products Co., Inc., 252 N. Y. 532.) Lazansky, P. J., Carswell and Davis, JJ., concur; Adel and Close, JJ., dissent and vote to affirm.