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RIVERA v. CITY OF AMSTERDAM

5 A.D.2d 637 (1958)

Maria Rivera, as Administratrix of The Estates of Juan Rivera and Others, Deceased, Appellant, v. City of Amsterdam et al., Respondents

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

May 23, 1958.

Attorney(s) appearing for the Case

Joseph Jacobs for appellant.

Harold E. Kennedy for City of Amsterdam, respondent.

Donald A. Campbell for Adam Kuchis, respondent.

FOSTER, P. J., GIBSON and REYNOLDS, JJ., concur; COON, J., not voting.

BERGAN, J.

In a fire on February 1, 1955 which swept through a multiple residence in which they lived in Amsterdam, the plaintiff's intestates and others lost their lives. The action is against the city and the owner of the building and has been dismissed at the end of plaintiff's proof.

The theory of action against the city is that the fire of February 1, 1955 was caused by a defective oil heater; that the city had knowledge six weeks earlier...

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