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LENTI v. COHON

16 N.Y.2d 796 (1965)

Josephine Lenti, as Administratrix of The Estate of Pasquale Lenti, Deceased, Appellant, v. Rose M. Cohon, as Executrix of Erwin J. Cohon, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1965.

Attorney(s) appearing for the Case

Irving Malchman for appellant.

Arthur N. Seiff and William P. Kennedy for respondent.

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

Order affirmed, without costs.

BERGAN, J. (dissenting).

Plaintiff's 58-year-old husband worked each day from 7:30 in the morning to about 7 o'clock at night in a shoe repair and hat cleaning shop on Burnside Avenue in the Bronx. He was knocked down and killed by a car driven by defendant's testator while crossing Burnside Avenue to get a bus to go home on the evening of January 18, 1960.

The circumstance...

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