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POPPER v. CITY OF NEW YORK

281 A.D. 98 (1952)

Adolph J. Popper, Jr., an Infant, by Esther Tremer, His Guardian ad Litem, et al., Appellants, v. City of New York et al., Respondents American Ice Company, Third-Party Plaintiff, v. City of New York, Third-Party Defendant City of New York, Third-Party Plaintiff, v. American Ice Company, Third-Party Defendant

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

December 16, 1952.

Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel, (Edward A. Scott, Jr. and John F. Mulvey, attorneys for Donato Cecchino and others, appellants; Gilbert S. Rosenthal, attorney for Adolph Joseph Popper, Jr., and another, appellants; Morris Cukor, attorney for Irene Mazzini, appellant; George Goodstein, attorney for Clementine R. Shanks, appellant; Harold R. Kaplan, attorney for Nicholas C. Sloane and another, appellants; Richard M. Cantor, attorney for Francis J. Mulligan, appellant), for appellants.

Andrew Bellanca of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorneys), for City of New York, respondent.

Harry A. Gair of counsel (Benjamin H. Siff with him on the brief; William S. O'Connor, attorney), for American Ice Company, respondent.

PECK, P. J., DORE, CALLAHAN and VAN VOORHIS, JJ., concur.

BREITEL, J.

Plaintiffs appeal from dismissal, at the close of plaintiffs' case, of their complaints against the American Ice Company and the City of New York. This consolidated action involves liability in negligence for twenty-eight deaths, sixteen personal injuries and two claims for property damage.

The complaints were properly dismissed as against the City of New York, there being clearly no evidence...

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