SMULLEN v. CITY OF NEW YORK


34 A.D.2d 840 (1970)

Lorraine Smullen, as Administratrix of The Estate of Anthony J. Accetta, Deceased, Respondent, v. City of New York, Appellant, et al., Defendant. (And Two Other Titles.)

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

May 25, 1970


Judgment reversed insofar as appealed from, on the law, without costs, and complaint dismissed as against defendant City of New York.

The findings of fact implicit in the verdict are affirmed. The decedent was killed as the result of the collapse of a trench in which he was working. He was the employee of a subcontractor. A city inspector was at the scene at the time of the accident. Taking that testimony in the case most favorable to plaintiff and the reasonable...

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