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FELDMAN v. NEW YORK CITY TRANSIT AUTH.

16 N.Y.2d 654 (1965)

Rose Feldman, as Administratrix of The Estate of Harry Feldman, Deceased, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Nelson S. Anthony and David Marcus for appellant.

William F. McNulty, Daniel T. Scannell and George J. Conway for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and SCILEPPI. Judge BERGAN dissents in the following opinion in which Judges DYE and FULD concur.

Order affirmed, without costs.

BERGAN, J. (dissenting).

Decedent worked in a newsstand on the northbound Independent Subway station platform at Eighth Avenue and 42nd Street. It was reported to him that there was a fire on the northbound express track about 12 feet from the newsstand. There was smoke coming from the area which a platform conductor employed by defendant saw. Decedent stooped down in a bending position, moved up closer to the platform...

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