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CLARK v. CITY OF ROCHESTER

25 A.D.2d 713 (1966)

Carl Clark et al., Respondents, v. City of Rochester, Appellant

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

March 31, 1966

Order unanimously reversed and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The proof upon the trial presented a factual issue for resolution by the jury as to whether the damages sustained by plaintiffs were proximately caused by the negligence of the defendant and without negligence on the part of either plaintiff. It was error for the trial court to direct a verdict in favor...

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