KUBLI v. ROSETTI


40 A.D.2d 4 (1972)

Henrietta Kubli, Appellant, v. Thomas E. Rosetti, as Property Clerk of The Police Department of the City of New York, Respondent

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

October 31, 1972.


Attorney(s) appearing for the Case

Louis N. Forman for appellant.

Jesse J. Fine of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for respondent.

STEVENS, P. J., KUPFERMAN, MURPHY and TILZER, JJ., concur.


McNALLY, J.

This case comes here on appeal from an order of the Appellate Term of the Supreme Court, New York County, entered December 9, 1971, affirming a judgment in favor of defendant after trial in the Civil Court. We reverse on the facts and law and judgment is directed in favor of the plaintiff, without costs, for the following reasons.

The plaintiff, on July 21, 1966, after exiting the PATH turnstile...

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