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MOTYKA v. CITY OF AMSTERDAM

15 N.Y.2d 134 (1965)

William Motyka, an Infant, by Stanley Motyka, His Guardian ad Litem, et al., Appellants, v. City of Amsterdam et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1965.

Attorney(s) appearing for the Case

George E. Severson for appellants.

Donald A. Campbell for respondents.

Judges DYE, FULD, BURKE and SCILEPPI concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents and votes to reverse in an opinion; Judge BERGAN taking no part.

VAN VOORHIS, J.

This appeal concerns mainly whether the City of Amsterdam is liable for a fire which burned a multiple residence there on February 1, 1955. The action is also against the owner of the building, one of whose tenants had installed an oil heating stove. Although the evidence is by no means conclusive, we shall assume that a defect in this heater caused the fire. An earlier fire which was soon extinguished...

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