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MILKER v. CITY OF NEW YORK

45 A.D.2d 1021 (1974)

Elinor M. Milker, Appellant, v. City of New York et al., Respondents

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

July 29, 1974

No opinion.

Latham and Munder, JJ., dissent in the following memorandum:

This is a wrongful death action in which the jury returned a verdict in plaintiff's favor in the amount of $76,000 against the City of New York. The trial court, however, set aside the jury verdict and dismissed the complaint. We vote to reverse and reinstate the jury verdict. The action arose out of a shooting in a Queens bar in the early morning hours of November 11, 1966. The plaintiff...

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