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McGOEY v. CITY OF NEW YORK

279 A.D. 636 (1951)

Josephine C. McGoey, as Administratrix of The Estate of Peter J. McGoey, Deceased, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1951.

Judgment reversed, with costs to the appellant, and judgment is directed to be entered herein dismissing the complaint, with costs, on the ground that the evidence adduced was insufficient to support a finding of liability on the part of the defendant under the doctrine of last clear chance or upon principles of ordinary negligence.

Callahan, J., dissents insofar as the complaint is dismissed and votes to order...

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