MURPHY v. CITY OF NEW YORK


16 A.D.2d 678 (1962)

Florence Murphy, as Executrix of Mary Murtagh, Deceased, et al., Appellants, et al., Plaintiff, v. City of New York, Respondent, et al., Defendants. (Action No. 1.) Florence Murphy, as Executrix of Mary Murtagh, Deceased, et al., Appellants, v. Anna Sesselmann, Respondent. (Action No. 2.)

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

April 16, 1962


In Action No. 1: Judgment, insofar as appealed from, affirmed, without costs. In Action No. 2: Judgment reversed on the law, action severed, and new trial granted, with costs to plaintiffs to abide the event.

From the proof adduced, it appears that while the defendant city's police officers were engaged in pursuit of a fleeing automobile, the latter came into collision with defendant Anna Sesselmann's automobile at a street intersection which was controlled by traffic...

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