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SZOZDA v. SLATTERY CONSTR. CORP.

42 A.D.2d 946 (1973)

Eugene Szozda, Respondent, v. Slattery Construction Corporation, Defendant, and Consolidated Edison, Appellant New Amsterdam Motor Transportation Corporation, Respondent, v. Slattery Construction Corporation, Defendant, and Consolidated Edison Company, Appellant Ruby Nash Distributors, Inc., Respondent, v. City of New York, Respondent, and Consolidated Edison Company of New York, Appellant

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

October 18, 1973

Appellant shall recover of respondents $60 costs and disbursements of this appeal.

We adopt the reasoning and findings contained in the dissenting opinion at the Appellate Term except the conclusion that a new trial should be had. As did Justice Quinn, we feel that the evidence discloses no negligence on the part of the appellant, but if such there be, it appears at least equally likely that the accident was caused by the highway plating installed by an undisclosed...

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