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LATINI v. SCHMIDT

36 A.D.2d 539 (1971)

Fiore Latini, Appellant, v. Paul Schmidt, Respondent, et al., Defendants

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

January 25, 1971

Judgment affirmed, with costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment with the following memorandum:

It is my opinion that the provisions of the Administrative Code of the City of New York are applicable for the protection of a policeman in the performance of his duties and that a question for the jury was created by the failure of defendant Paul Schmidt to comply...

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