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MARGUESS v. CITY OF NEW YORK

30 A.D.2d 782 (1968)

Maurice Marguess, Appellant, v. City of New York, Defendant-Respondent and Third-Party Plaintiff. Surface Transit, Inc., Third-Party Defendant-Respondent

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

July 2, 1968

Judgment dismissing the complaint at the end of the plaintiff's case, affirmed, without costs or disbursements.

Although we do not mitigate in any way the remissness of the defendant city in its culpably neglectful treatment of the plaintiff's notice to admit, we feel the answer of the city and the limited admission of the defendant Surface put the plaintiff on notice he would be put to his full proof as to all the essential elements of his case. Furthermore, the...

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