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SCHMIDT v. CITY OF NEW YORK

33 A.D.2d 1041 (1970)

Alfred J. Schmidt, Appellant, v. City of New York et al., Respondents

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

February 16, 1970

Judgment affirmed, with one bill of costs to respondents jointly.

No opinion.

Rabin, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

Since the complaint was dismissed at the close of plaintiff's case, the facts adduced are to be considered in that aspect which is most favorable to plaintiff, and plaintiff is entitled to the benefit of every favorable inference which may reasonably...

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