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MOTYKA v. CITY OF OSWEGO

285 A.D. 1013 (1955)

Renee R. Motyka, as Administratrix of The Estate of Michael Motyka, Deceased, Respondent, v. City of Oswego, Appellant

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

March 23, 1955.

Order affirmed, with $10 costs and disbursements.

VAUGHAN, J. (concurring).

When this court decided Buduson v. Curtis (ante, p. 517) I did not participate in that decision. I disagree with the views stated by the majority holding in that case, and inherent in this case, for the following reasons, in addition to those set forth in the dissenting opinion in the Buduson case:

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