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DEMOGENES v. VILL. CARTING CO.

44 A.D.2d 155 (1974)

Nicholas Demogenes, Respondent, v. Village Carting Co., Inc., Appellant, et al., Defendant

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

April 9, 1974.

Attorney(s) appearing for the Case

Hanlon & Dawe (Logue & O'Connor, by Charles F. Brady, of counsel), for appellant.

Harold S. Herman of counsel (Tellerman, Silverstein & Paticoff, attorneys), for respondent.

STEUER, J., concurs with LANE, J.; CAPOZZOLI, J., concurs in an opinion; MARKEWICH, J. P., and MURPHY, J., dissent and would reverse on dissenting memorandum of QUINN, J., at Appellate Term.

LANE, J.

Plaintiff while driving on First Avenue near 61st Street in Manhattan came into contact with a large steel receptacle used for the collection of trash. The trash receptacle was approximately 15 feet long, 8 feet wide and 6 feet high. At trial, the plaintiff testified that the legend on the side of the receptacle read "Village Carting Co." In addition thereto, the police officer called to the scene testified...

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