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McCARTHY v. PORT OF N. Y. AUTH.

30 A.D.2d 111 (1968)

George E. McCarthy, Respondent, v. Port of New York Authority, Appellant

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

May 21, 1968.

Attorney(s) appearing for the Case

Lewis Rosenberg of counsel (Francis X. Curley and Alan J. Littau with him on the brief; Sidney Goldstein, attorney), for appellant.

Mario Matthew Cuomo of counsel (Wilfred R. Caron with him on the brief; Edward M. Edenbaum, attorney), for respondent.

STEVENS, J. P., STEUER, McGIVERN, RABIN and McNALLY, JJ., concur.

Per Curiam.

This is an appeal from a judgment in the sum of $45,000, entered on a decision of the court without a jury. This is the third trial and the second appeal. The first trial, a jury trial, ended in a jury verdict in favor of plaintiff in the sum of $68,500. The Trial Justice set it aside, and we affirmed that order in 21 A.D.2d 125

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