Judgment of the Supreme Court, Kings County, dated October 11, 1966, in favor of plaintiff against defendants upon a jury verdict, modified, on the law and the facts, by inserting a provision therein awarding the defendant City of New York judgment in its favor, on its cross complaint, against the other defendants (upon the parties' stipulation that the issues raised by the cross complaint shall be decided by the court) in the same amount as the amount in the judgment in favor of plaintiff. As so modified, judgment affirmed, with one bill of costs to plaintiff jointly against the defendants who filed separate briefs and with costs to the defendant City of New York jointly against the other defendants who filed separate briefs. There was no proof that the City of New York had other than constructive notice of the condition of the sidewalk or that there was such acquiescence in the condition as to discharge the primary tort-feasors for injuries caused by them. The trial court so found and none of the parties dispute it. The judgment should be modified accordingly (see Sobel v. City of New York, 9 A.D.2d 271, 278, mod. on other grounds 9 N.Y.2d 187). Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.