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DILDAY v. CITY OF NEW YORK

283 A.D. 695 (1954)

Edward Dilday, as Executor of Virginia B. Dilday, Deceased, Respondent, v. City of New York et al., Appellants, et al., Defendants

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

February 2, 1954.

Order reversed, with $20 costs and disbursements to the appellants, and the motion denied, without prejudice to a renewal of the motion on competent medical proof showing that the death was the result of the accident.

Cohn, J., dissents and votes to affirm on the ground that in the circumstances of this case the Special Term properly exercised its discretion in granting...

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