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  5. 26 A.D.2d 400 (1966)
 

HACKER v. CITY OF NEW YORK

26 A.D.2d 400 (1966)

Anna M. Hacker, Respondent, v. City of New York, Appellant, et al., Defendant

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

December 1, 1966.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel and Francis X. Olwell with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Robert S. Friedman of counsel (Richard D. Friedman with him on the brief; Friedman, Friedman & Friedman, attorneys), for respondent.

RABIN, J. P., McNALLY and STEUER, JJ., concur with STEVENS, J.; CAPOZZOLI, J., dissents in opinion.

STEVENS, J.

Defendant the City of New York appeals from an order and judgment entered May 28, 1965, as amended by an order and judgment entered November 8, 1965, which held the city liable to respond in damages to the plaintiff and directed an assessment thereof. Liability was premised upon a determination that the defendant was negligent in that it required a codefendant, George W. Hacker, husband of the plaintiff...

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