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MONAHAN v. CITY OF NEW YORK

31 A.D.2d 933 (1969)

Patrick Monahan, Respondent, v. City of New York, Appellant

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

March 3, 1969

Judgment reversed, on the law and the facts, with costs, and complaint dismissed, without costs.

Viewing the facts most favorably to plaintiff, we are of the opinion that he failed to establish any negligence on the part of defendant (cf. McGuire v. City of New York, 24 A.D.2d 496, affd. 18 N.Y.2d 880; Dupont v. Village of Port Chester, 204 N.Y. 351, 353-354; Egan v. City of New...

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