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BAUER v. SHARKEY

16 N.Y.2d 631 (1965)

Frank J. Bauer, as Administrator of The Estate of Micheline Bauer, Deceased, et al., Respondents, v. Henry C. Sharkey et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Thomas Grimes and John D. Kelly for Town of Babylon, appellant.

Ralph A. Cascella for Henry C. Sharkey, appellant.

Wilbur S. Talisman and Fidele V. Bruno for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order modified by reversing, without costs, so much of it as is in favor of plaintiffs against the Town of Babylon and dismissing the complaint as to that defendant, and, as so modified, order affirmed, with costs to plaintiffs against defendant Sharkey. Plaintiffs' proof does not establish that the negligence, if any, of the Town of Babylon was a proximately producing cause of...

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