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SWERDZEWSKI v. INC. VILL. OF WESTHAMPTON BEACH

24 N.Y.2d 760 (1969)

Rosella Swerdzewski, as Administratrix of The Estate of Frank A. Swerdzewski, Deceased, Respondent-Appellant, v. Incorporated Village of Westhampton Beach, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 5, 1969.

Attorney(s) appearing for the Case

George W. Percy, Jr., for appellant-respondent.

Eugene A. Wolkoff and Parnell J. T. Callahan for respondent-appellant.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

On the main appeal: Judgment affirmed, with costs, on the opinion at the Appellate Division (30 A.D.2d 694).

On the cross appeal: Appeal transferred to the Appellate Division, Second Department (N. Y. Const., art. VI, § 5, subd. b; CPLR 5501, subd. [b...

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