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BURNS v. CITY OF NEW YORK

6 A.D.2d 30 (1958)

Raymond Burns, Appellant, v. City of New York, Respondent, et al., Defendant

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

May 20, 1958.

Attorney(s) appearing for the Case

Albert Cohn of counsel (Joseph N. Friedman with him on the brief; Harry H. Lipsig, attorney), for appellant.

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

BREITEL, J. P., and RABIN, J., concur with STEVENS, J.; McNALLY, J., dissents and votes to affirm in opinion.

STEVENS, J.

This is an appeal by plaintiff from that part of a judgment entered in this action in the office of the Clerk, Bronx County, July 7, 1955, and resettled in said office July 15, 1955, which set aside a verdict in favor of the plaintiff as against defendant, the City of New York, and dismissed the complaint against the city.

The facts are fairly stated in the accompanying dissent by Mr. Justice...

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