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GUARNERI v. CITY OF NEW YORK

13 A.D.2d 460 (1961)

Anna D. Guarneri, as Administratrix of The Estate of Peter Guarneri, Deceased, Respondent, v. City of New York, Appellant, and Gramercy Construction Corp. et al., Respondents, et al., Defendants Gramercy Construction Corp., Third-Party Plaintiff, v. Amalgamated Cornice and Roofing Co., Inc., Third-Party Defendant

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

March 14, 1961

Judgment so far as appealed from, reversed on the law and on the facts and a new trial granted, with costs to appellant to abide the event.

The verdict of the jury was contrary to the weight of the credible evidence on the issue of the claimed negligence of appellant. Moreover, the jury may have been confused by conflicting statements in the court's charge. A close factual question was presented as to whether the city's engineer...

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