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  5. 18 N.Y.2d 830 (1966)
 

GROSS v. CITY OF NEW YORK

18 N.Y.2d 830 (1966)

Henry Gross, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 27, 1966.

Attorney(s) appearing for the Case

Herman Schmertz and Robert Conason for appellant.

J. Lee Rankin, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse and to grant a new trial upon the dissenting memoranda at the Appellate Division.

Order affirmed, without costs...

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