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SHAFTER v. NEW YORK CITY TR. AUTH.

5 A.D.2d 320 (1958)

Bernard Shafter, as Executor of Robert S. Buckley, Deceased, Respondent, v. New York City Transit Authority, Appellant, et al., Defendants

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

March 25, 1958.

Attorney(s) appearing for the Case

Abraham Satran of counsel (Helen R. Cassidy with him on the brief; Daniel T. Scannell, attorney), for appellant.

Thomas F. Frawley of counsel (Jacob Rassner with him on the brief; Shafter & Shafter, attorneys), for respondent.

BREITEL, J. P., RABIN, FRANK and STEVENS, JJ., concur.

McNALLY, J.

In this personal injury action, defendant appeals from a judgment of $24,194 in favor of the plaintiff entered after trial upon a jury's verdict.

Plaintiff was a passenger in appellant's bus, seated on the left-hand side of the bus, four seats behind the driver, next to an open window. The bus was proceeding along Division Street, in the borough of Manhattan, city of New York, a one-way street...

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