GITTLEMAN v. CITY OF NEW YORK


5 A.D.2d 782 (1958)

Benjamin Gittleman, Respondent, v. City of New York, Defendant, and Tully & Di Napoli, Inc., et al., Appellants

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

January 20, 1958


Judgment modified on the law and the facts by striking from the first decretal paragraph the provision for judgment in favor of respondent against appellant Consolidated Edison and by substituting therefor a provision dismissing the complaint as against it. As so modified, judgment insofar as appealed from unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein.

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