Order reversed on the law and the facts, without costs, and application denied, without costs. Findings of fact implicit in the opinion of the Justice at Special Term which are inconsistent herewith are reversed, and new findings are made as indicated herein.
With respect to the claim for wrongful death, the administratrix is not within the protective ambit of the statute (General Municipal Law, § 50-e, subd. 5); hence, the court lacked discretionary power to...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.