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FASO v. CITY OF NEW YORK

18 A.D.2d 1005 (1963)

Charles Faso, Appellant, v. City of New York, Respondent

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

March 11, 1963

Judgment reversed on the law, and a new trial granted, with costs to plaintiff to abide the event.

Upon this record, granting to the plaintiff every favorable inference to which he is presently entitled by reason of the dismissal of the complaint at the end of his case (Sagorsky v. Malyon, 307 N.Y. 584, 586; De Wald v. Seidenberg, 297 N.Y. 335, 336-337), we are of the opinion that jury questions were presented as to defendant...

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