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CADY v. CITY OF N. Y.

35 A.D.2d 202 (1970)

Catherine Cady, as Administratrix of The Estate of Paul R. Cady, Deceased, Respondent, v. City of New York, Appellant, and Mack Trucks, Inc., et al., Appellants-Respondents

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

November 5, 1970.

Attorney(s) appearing for the Case

Bernard Burstein of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel, attorney), for City of New York, appellant.

Samuel Halpern of counsel (Konheim & Halpern, attorneys), for Mack Trucks, Inc., appellant-respondent.

William F. McNulty of counsel (Daniel J. Coughlin, attorney), for Akron Brass Manufacturing Company, Inc., appellant-respondent.

Robert Polstein of counsel (Jared Specthrie with him on the brief; Orans, Elsen & Polstein, attorneys), for respondent.

STEVENS, P. J., and STEUER, J., concur with EAGER, J.; McGIVERN, J., dissents in part in opinion; NUNEZ, J., dissents in opinion.

EAGER, J.

The defendants, City of New York (City) and Akron Brass Manufacturing Company, Inc. (Akron) appeal from a judgment entered upon a verdict in favor of plaintiff in an action to recover damages for alleged wrongful death and conscious pain and suffering.

The action, grounded in negligence, arises from the injuries and death of a New York City fireman occurring in the testing, during maneuvers...

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