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MERCATANTE v. CITY OF NEW YORK

286 A.D. 265 (1955)

Joan Mercatante et al., Respondents, v. City of New York, Appellant

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

June 28, 1955.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Samuel A. Bloom of counsel (Bloom, Harris & Tolmage, attorneys), for respondents.

PECK, P. J., CALLAHAN, BREITEL and BOTEIN, JJ., concur.

COHN, J.

The appeal is by defendant from a judgment entered in a personal injury action after a jury trial in favor of Joan Mercatante and in favor of her father for medical expenses against the City of New York.

Joan Mercatante was employed as a clerk in Gouverneur Hospital by the department of hospitals of the City of New York. In the course of her duties at the hospital, while walking along

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