KEIZOR v. CITY OF NEW YORK


278 A.D. 711 (1951)

Alice Keizor et al., Respondents, v. City of New York, Appellant

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

March 19, 1951.


Resettled judgment affirmed, with one bill of costs.

No opinion.

Carswell, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

Each plaintiff had the burden to establish a status which gave rise to a duty or obligation owing to her individually or to his decedent by the defendant in its proprietary capacity as ferry operator, and that there was an actionable breach thereof. If a status...

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