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NYKANEN v. CITY OF NEW YORK

19 A.D.2d 535 (1963)

William R. Nykanen, Respondent, v. City of New York, Appellant, et al., Defendant

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

May 6, 1963

Judgment, insofar as appealed from, affirmed, with costs.

We have not considered the question whether the trial court erred in its instruction to the jury that plaintiff's disability pension was irrelevant on the question of damages. The defendant city states that it has not briefed the point in this court because of our determination in Lehr v. City of New York (16 A.D.2d 702, motion for leave to appeal denied

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