EVERS v. WESTERBERG


32 N.Y.2d 684 (1973)

Jeannine Evers, Individually and as Administratrix of The Estate of John F. Evers, Deceased, Appellant, v. Thomas W. Westerberg et al., Defendants, and Incorporated Village of Lynbrook, Appellant.

Court of Appeals of the State of New York.

Decided March 21, 1973.


Attorney(s) appearing for the Case

Robert C. Minion and John F. Mulholland for appellant.

Roy L. Reardon and Joseph F. Dennin for respondent.

Concur: Judges BURKE, BREITEL, JASEN, GABRIELLI and JONES. Chief Judge FULD dissents and votes to reverse and grant a new trial. Taking no part: Judge WACHTLER.


Order affirmed, without costs, on the opinion at the Appellate Division (see, also, Ann., Police Protection — Governmental Liability, 46 ALR 3d 1084, esp...

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