FARRAGHER v. CITY OF N. Y.


26 A.D.2d 494 (1966)

Catherine Farragher, Individually and as Administratrix of The Estate of John C. Farragher, Deceased, et al., Respondents, v. City of New York et al., Defendants, and Nazwin Associates, Inc., et al., Appellants

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

December 20, 1966.


Attorney(s) appearing for the Case

Solomon Boneparth of counsel (Tropp & Steinbock, attorneys), for Nazwin Associates, Inc., appellant.

John P. Carson of counsel (Joseph L. Schilling, attorney), for Dora Browning Donner Ide and another, appellants.

Murray L. Lewis of counsel (Harry H. Lipsig, attorney), for respondents.

BOTEIN, P. J., BREITEL, STEVENS and BASTOW, JJ., concur.


RABIN, J.

Defendants-appellants, the executors of John J. Ide (hereinafter called vendor) and Nazwin Associates (hereinafter called vendee) appeal from a judgment against them in a wrongful death action.

Decedent, a fireman, succumbed while fighting a fire on July 12, 1962, at 390 Broadway, New York City. It has been established that the death of the fireman was caused by the failure of the premises to...

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