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DAGGETT v. KESHNER

6 A.D.2d 503 (1958)

Albert B. Daggett, as Administrator of The Estate of James L. Daggett, Deceased, et al., Respondents, v. Al Keshner et al., Defendants, and Hyman Berebitsky et al., Individually and as Copartners Doing Business Under the Name of B & S Garage, Appellants

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

November 5, 1958.

Attorney(s) appearing for the Case

William L. Shumate of counsel (Cusack & Shumate, attorneys), for appellants.

Morris Pottish of counsel (Wilson, Mangan & Sweeney, attorneys), for respondents.

Matthew S. Gibson of counsel (Robert Hill Nix and Paul A. Crouch with him on the brief; Matthew S. Gibson, attorney), for Gulf Oil Corporation, amicus curiæ.

BREITEL, RABIN and M. M. FRANK, JJ., concur.

BOTEIN, P. J.

This case arises as the aftermath of an explosion in a loft building, which occurred during an attempt to commit arson on the premises of the defendant Keshner, Inc., and resulted in the death of Detective Daggett and serious injuries to Detective Phelan, while they were in the act of apprehending the conspirators. Plaintiff Daggett, the father of the fatally injured detective, as administrator,...

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