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OLIVIA v. GOUZE

285 A.D. 762 (1955)

Ollie Olivia, Respondent, v. Arthur Gouze et al., Appellants, and City of New York et al., Appellants-Respondents

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

May 10, 1955.

Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel (Irving Segal, attorney), for appellants.

Fred Iscol of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for City of New York, appellant-respondent.

Joseph F. Lenihan of counsel (Frederick Mellor, attorney), for Clearbrook Food Shop, Inc., appellant-respondent.

Edward V. Whiting for respondent.

BASTOW and BOTEIN, JJ., concur with COHN, J.; CALLAHAN, J., dissents in opinion in which PECK, P. J., concurs.

COHN, J.

This action is for personal injuries against defendants Gouze, who are the owners of a multiple dwelling, the City of New York (hereafter referred to as City) and Clearbrook Food Shop, Inc. (hereafter referred to as Clearbrook), tenant of a grocery store in the multiple dwelling.

After a trial, the jury rendered a verdict in favor of plaintiff against the three defendants. The trial court thereafter...

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