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FOX v. BROWN

20 A.D.2d 538 (1963)

Sylvia Fox, Appellant, v. Max Brown, Defendant, Zeb A. Epstein et al., Respondents Zeb A. Epstein, Third-Party Plaintiff, v. Ansonia Plumbing & Heating Contractors, Inc., et al., Third-Party Defendants

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

December 17, 1963

Judgment affirmed, with costs to respondents.

McNally, J., dissents in following memorandum:

I dissent and vote to reverse the judgment setting aside a jury verdict in a personal injury negligence action and dismissing the complaint so far as defendant the City of New York is concerned. The accident happened in front of premises 259 West 85th Street, Borough of Manhattan, on June 4, 1962. A witness, employed for five or six years as a clerk in...

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