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PACHECO v. CITY OF NEW YORK

11 Misc.2d 80 (1954)

Raymond L. Pacheco, Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, Bronx County.

November 18, 1954.

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Seymour B. Quel and Alfred Weinstein of counsel), for defendant.

Jerome Golenbock, Harvey Nachman and Donald Sherman for plaintiff.

IRVING H. SAYPOL, J.

I have before me for decision the motion of the defendant to dismiss the plaintiff's case on the ground that the plaintiff has failed to make out a case adequate to give to the jury for its consideration.

Accepting the facts in the light most favorable to the plaintiff we take ourselves back to the night and early morning of August 2 and August 3, 1949, starting about 10:30 P.M., after the plaintiff had left his fiancee, in...

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