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OLSEN v. CITY OF NEW YORK

30 A.D.2d 812 (1968)

Ole A. Olsen, Appellant, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Max Franke et al., Third-Party Defendants-Respondents; James Scotti, Doing Business as John Scotti & Sons, Inc., Fourth-and Fifth-Party Defendant-Respondent

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

July 1, 1968

Order affirmed, without costs (cf. General Exch. Ins. Corp. v. New York City Tr. Auth., 20 Misc.2d 2).

We are of the opinion that the verdict, particularly as it imported findings in plaintiff's favor on the issues of contributory negligence and constructive notice, was clearly against the weight of the credible...

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