Rosa v. City of New York (22 A.D.2d 667, 1964)

Judgment unanimously reversed on the law and on the facts, and a new trial ordered, with $50 costs to appellant. Plaintiff’s claim of negligence is that she was caused to fall because of a hole in the sidewalk. While the claim may be of doubtful merit and, under the circumstances of this case, the burden of proving liability on the part of the defendant a difficult one, such possibilities afford no reason to reject this appeal. Plaintiff is entitled to a fair and impartial opportunity to present her case. This she did not receive (Whitehead V. Mutual Life Ins. Co., 264 App. Div. 647; Kamen Soap Prods, v. Prusansky