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ROBINSON v. CITY OF NEW YORK

24 A.D.2d 260 (1965)

Abbott Robinson et al., Doing Business as Lucky Rose Shop, Appellants, v. City of New York, Respondent

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

December 21, 1965.

Attorney(s) appearing for the Case

Robert G. Tischler of counsel (Tischler & Tischler, attorneys), for appellants.

William A. Marks of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for respondent.

BREITEL, J. P., RABIN and McNALLY, JJ., concur with EAGER, J.; STEVENS, J., dissents in opinion.

EAGER, J.

This is an appeal, by permission of this court, from an order of the Appellate Term, affirming an order of the Civil Court of the City of New York which denied plaintiffs' motion to dismiss an affirmative defense alleging noncompliance with section 50-i of the General Municipal Law.

The action was brought against the City of New York in Civil Court to recover property damages occasioned by the...

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