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MATTHIESEN v. ADRIAN

306 N.Y. 694 (1954)

Helen Matthiesen et al., Respondents, v. Anthony Adrian, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1954

Attorney(s) appearing for the Case

Stanley B. Johnson, William S. O'Connor and G. R. Bartlett, Jr., for appellant.

Henry Hirschberg and Milton Dammann for respondents.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. Dissent: FULD and VAN VOORHIS, JJ.

Judgment affirmed, with costs; no opinion.

FULD and VAN VOORHIS, JJ., dissent and vote to reverse and dismiss the complaint upon the ground that the record contains no evidence of actionable negligence on defendant's part nor of freedom from contributory...

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