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WINBUSH v. CITY OF MOUNT VERNON

2 A.D.2d 893 (1956)

Mary Winbush, Individually, and as Administratrix of The Estate of Viola Winbush, Deceased, et al., Respondents, v. City of Mount Vernon, Appellant, et al., Defendant

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

November 13, 1956

Order reversed, without costs, motion granted, and complaint dismissed, with leave to serve an amended complaint within 20 days after entry of the order hereon.

The present complaint, supplemented by the bill of particulars, alleges that appellant allowed unauthorized persons into its building and that such unauthorized persons caused the fire therein. There are no factual allegations to show that appellant, in allowing the...

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