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JEDINY v. CITY OF NEW YORK

No. 60, Docket 30463.

368 F.2d 523 (1966)

Julia G. JEDINY and John Jediny, Plaintiffs-Appellees, v. The CITY OF NEW YORK and 71 Vesey Corp., doing business as Barclay Cafe, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 28, 1966.

Attorney(s) appearing for the Case

Eric J. Byrne, New York City (J. Lee Rankin, Corporation Counsel of City of New York, and Seymour B. Quel, New York City, of counsel), for appellant, City of New York.

Isidor Stroll, New York City, for appellant, 71 Vesey Corp.

Alan Leonard Levy, New York City, for appellees.

Before SMITH, HAYS and FEINBERG, Circuit Judges.

PER CURIAM:

Defendants, City of New York and 71 Vesey Corp., appeal from a judgment entered on a jury verdict awarding plaintiffs $20,000. Each defendant claims that it is entitled to judgment as a matter of law.

This negligence action arose when the plaintiff Julia G. Jediny fell on an icy sidewalk sustaining a fracture of the ankle. The accident occurred when Mrs. Jediny, walking with two companions along a path that had been shovelled by an employee of...

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