MacCLAVE v. CITY OF NEW YORK


24 A.D.2d 230 (1965)

Mary MacClave, as Administratrix of The Estate of Richard MacClave, Deceased, Respondent, v. City of New York, Appellant, et al., Defendant

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

December 16, 1965.


Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for appellant.

Alfred S. Julien of counsel (Thomas J. Mackell and Carl Sarett with him on the brief; Sharf, Mackell & Hellenbrand, attorneys), for respondent.

McNALLY, STEVENS, EAGER and WITMER, JJ., concur.


RABIN, J. P.

A mask that was not only ineffective but dangerous to use for general fire-fighting purposes, should not have been issued by the city for such use. It is because the city did issue such a mask, with its tragic consequence, that we affirm this judgment. The evidence overwhelmingly establishes that the mask did not and could not afford the protection for which it was issued and thus was unsafe for...

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