BEIN v. CITY OF NEW YORK

No. 64 Civ. 1399.

271 F.Supp. 542 (1967)

Arthur W. BEIN, Plaintiff, v. The CITY OF NEW YORK, Slattery Construction Corporation, and Turner Construction Company, Defendants.

United States District Court S. D. New York.

On Motion for New Trial July 13, 1967.


Attorney(s) appearing for the Case

Alan B. Decker, New York City, for plaintiff.

Leo A. Larkin, New York City, Corporation Counsel, for New York City.

O'Hagan & Reilly, New York City, for defendant Turner.

Schaffner & D'Onofria, New York City, for defendant Slattery.


MANSFIELD, District Judge.

After listening to extended argument and giving careful consideration to the briefs and authorities that have been submitted by the parties, all of which have been reviewed by the Court, the Court is prepared at this time to rule on the defendants' motions to dismiss.

Ordinarily, where there are issues of fact to be decided, the Court leaves these for decision by the jury. In this case, however, after carefully reviewing the notes...

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