RASSNER v. CITY OF NEW YORK


22 A.D.2d 670 (1964)

Jacob Rassner, Appellant, v. City of New York et al., Respondents

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

October 22, 1964


Order, entered on February 14, 1964, granting motion to dismiss for lack of prosecution, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to the appellant, and the motion denied.

In this action plaintiff claims that he fell in the street because of the negligent manner in which a defective condition was left guarded. Plaintiff received no co-operation and was actually hindered by the city in his efforts...

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