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BOLTE v. CITY OF NEW YORK

22 N.Y.2d 817 (1968)

Lucy Bolte, as Administratrix of The Estate of Gustave Bolte, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 14, 1968.

Attorney(s) appearing for the Case

Arthur N. Seiff and Harry H. Lipsig for appellant.

J. Lee Rankin, Corporation Counsel (L. Michael Rudolph and Stanley Buchsbaum of counsel), for City of New York, respondent.

David S. Konheim for Broadway Maintenance Corp., respondent.

Concur: Judges BURKE, SCILEPPI, KEATING and BREITEL. Chief Judge FULD and Judges BERGAN and JASEN dissent and vote to affirm on the opinion at the Appellate Division.

Order reversed, with costs to abide the event, and a new trial granted on the ground that there was sufficient evidence to submit to the jury...

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