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KUMKUMIAN v. CITY OF NEW YORK

305 N.Y. 167 (1953)

Nectar Kumkumian, as Administratrix of The Estate of Martin Kumkumian, Deceased, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 9, 1953

Attorney(s) appearing for the Case

Jacob D. Fuchsberg and Irving A. Thau for appellant.

Denis M. Hurley, Corporation Counsel (Joseph F. Mulqueen, Jr., and Seymour B. Quel of counsel), for respondent.

FROESSEL, J.

Plaintiff brought this action to recover for the alleged wrongful death of her husband, who was struck in a tunnel by a subway train operated by defendant, the City of New York. The case was submitted to the jury on the theory of ordinary negligence as well as under the doctrine of last clear chance, with instructions to indicate upon which theory a verdict for plaintiff, if found, was based. The...

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