KAISER v. CITY OF NEW YORK


35 A.D.2d 965 (1970)

Josette Kaiser, as Administratrix of The Estate of James N. Kaiser, Deceased, et al., Appellants, et al., Plaintiff, v. City of New York et al., Respondents

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

December 14, 1970


Judgment affirmed insofar as appealed from, without costs.

No opinion.

Hopkins, Acting P. J., and Benjamin, J., concur in the affirmance as to defendant City of New York, but otherwise dissent and vote to reverse the judgment as to defendant Holobigian and to grant a new trial as to him, with the following memorandum: In our opinion, there was a jury question as to the liability of defendant Holobigian in view of the assumption of direction by him of the work...

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