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CONNOLLY v. CITY OF NEW YORK

23 A.D.2d 493 (1965)

Bernard Connolly, as Administrator of The Estate of Kathleen Connolly, Deceased, Appellant-Respondent, v. City of New York et al., Respondents, and Robert Lusk, Appellant, et al., Defendant. John Reilly, Appellant-Respondent, v. Robert Lusk, Appellant, and City of New York, Respondent

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

January 28, 1965

Judgment dismissing complaint as to defendants City of New York and Surface Transit, Inc., and in favor of plaintiffs against defendant Lusk on a directed verdict unanimously reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, with costs to appellants to abide the event.

The accident resulting in death to one plaintiff's intestate and personal injuries to the other plaintiff was the...

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