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BEEDENBENDER v. MIDTOWN PROPS.

4 A.D.2d 276 (1957)

Edward Beedenbender, Respondent, v. Midtown Properties, Inc., Defendant, and Stephen Messana et al., Doing Business as Italian Kitchen, Appellants

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

June 28, 1957.

Attorney(s) appearing for the Case

John J. Cunneen of counsel (Caverly, Diamond, Dwyer & Lawler, attorneys), for appellants.

Norman Bard of counsel (Joseph P. Kopelman and Max Jackrel with him on the brief; Jackrel & Kopelman, attorneys), for respondent.

PECK, P. J., BREITEL and RABIN, JJ., concur with BOTEIN, J.; FRANK, J., concurs in the result in opinion.

BOTEIN, J.

At 3:30 A.M. one morning, plaintiff, a policeman, was on duty at the corner of Eighth Avenue and 46th Street. While talking to another patrolman he saw Benny Bates, the porter and night watchman of a nearby restaurant, the Italian Kitchen, motion to them. Joined by a third policeman, they spoke to Bates, who told them he had seen a prowler behind the restaurant, climbing up the fire escape in the next...

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