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PIERRE v. CITY OF NEW YORK

31 Misc.2d 96 (1961)

Katie Pierri et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Special Term, New York County.

October 25, 1961

Attorney(s) appearing for the Case

Leo Larkin, Corporation Counsel (Maxwell B. Washor of counsel), for City of New York, defendant. William Regan for Samuel J. Pierri, defendant. Albert J. Bucci for Triboro Asphalt Corp., defendant. Marvin H. Jasper for plaintiffs.

HAROLD BAER, J.

Defendant Samuel J. Pierri moves to set aside a jury verdict and to dismiss the complaint as to him. The basis of this motion is that plaintiff failed to make out a prima facie case and that the jury verdict was inconsistent with the charge and, therefore, must be set aside. Plaintiffs Katie Pierri and Angelo Pierri cross-move to set aside the verdict because of inadequacy and join with the defendant...

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