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EARGLE v. CITY OF NEW YORK

22 A.D.2d 673 (1964)

Samuel Eargle, Respondent, v. City of New York, Defendant, and Rusciano Construction Corp. et al., Appellants

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

October 27, 1964

Judgment unanimously reversed on the law and the facts and a new trial ordered, with $50 costs to appellants.

Plaintiff was injured while driving his truck north on Brook Avenue near 135th Street. There is an underpass at this point and defendants were doing construction work in connection with the underpass. Defendants had erected two towers immediately south of the underpass entrance. Resting on these two towers and 13 feet above the roadway were two parallel I...

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