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THOMSON v. CITY OF NEW ROCHELLE

33 A.D.2d 782 (1969)

Alexander Thomson, Respondent, v. City of New Rochelle, Defendant, New Rochelle Water Company, Appellant-Respondent, and Cecelia Schulman, Appellant

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

December 8, 1969

Appeals from the original judgment, entered December 17, 1968, dismissed as academic. That judgment was superseded by the amended judgment. Amended judgment affirmed insofar as appealed from.

One bill of costs is allowed to plaintiff against appellants jointly, to cover all the appeals. In our opinion, plaintiff's proof, accredited by the jury, established the negligence of both appellants and his own freedom from contributory...

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