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WISEMAN v. CITY OF NEW YORK

13 A.D.2d 796 (1961)

Hertha Wiseman, as Administratrix of The Estate of Donald Wiseman, Deceased, Respondent, v. City of New York, Appellant, et al., Defendant. (Action No. 1.) Charles Belekis, Plaintiff, v. City of New York, et al., Defendants. (Action No. 2.) City of New York, Appellant, v. Charles Belekis, Respondent. (Action No. 3.)

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

May 8, 1961

Judgment, insofar as appealed from, affirmed, with costs to the plaintiff administratrix, and without costs to defendant Belekis, the latter having failed to file a brief on this appeal.

No opinion.

Nolan, P. J., and Brennan, J., dissenting.

In our opinion the finding implicit in the jury's verdict that the accident complained of was caused by negligence on the part of the driver of the police car is against...

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