STABOFSKY v. CITY OF NEW YORK


30 A.D.2d 577 (1968)

Andrew L. Stabofsky, by His Substituted Guardian ad Litem Andrew Perez, et al., Appellants, v. City of New York, Defendant, and New York City Housing Authority, Respondent

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

May 27, 1968


Judgment reversed insofar as appealed from, on the law, new trial granted as between plaintiffs and defendant New York City Housing Authority, and severance of action accordingly granted, with costs to plaintiffs to abide the event of the new trial. No questions of fact were considered on this appeal.

In our opinion, plaintiffs made out a prima facie case and were entitled to have the jury decide...

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