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THAIN v. CITY OF NEW YORK

30 N.Y.2d 524 (1972)

Bruce W. Thain, Respondent, v. City of New York, Appellant, et al., Defendant. Thomas Coppola et al., Respondents, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1972.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Alfred Weinstein and Stanley Buchsbaum of counsel), for appellant.

Seymour Madow, Howard Shakin, Moe Levine and Aaron J. Broder for Thomas and Genevieve Coppola, respondents.

Bernard P. McSherry for Bruce W. Thain, respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.

Order affirmed, with costs. Question certified answered in the affirmative...

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