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ROBINSON v. CITY OF N. Y.

5 A.D.2d 197 (1958)

Anna Robinson et al., Appellants, v. City of New York, Respondent

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

February 25, 1958.

Attorney(s) appearing for the Case

Arnold V. Schwartz of counsel (Isador Aberlin, attorney), for appellants.

Eugene J. Keefe of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondent.

RABIN, J. P., VALENTE, McNALLY and BERGAN, JJ., concur.

FRANK, J.

In this negligence action the plaintiffs recovered a judgment against the defendants following a jury verdict. On appeal, the Appellate Term unanimously reversed the judgment and dismissed the complaint, holding that the plaintiff wife was contributorily negligent as a matter of law, and that no actionable negligence was established.

The defendant rested at the close of the plaintiffs' case....

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