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USS v. TOWN OF OYSTER BAY

44 A.D.2d 853 (1974)

Warren Uss, an Infant by John P. Uss, His Father and Natural Guardian, et al., Appellants, v. Town of Oyster Bay et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Third-Party Defendants

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

May 28, 1974

Judgment affirmed, without costs.

No opinion.

Martuscello, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum:

Plaintiff Warren Uss was injured when a sign assembly fell on his head immediately after his friend Thomas Curran allegedly struck the pole on which the sign assembly was mounted. At the trial, the defense counsel, over objections, placed in evidence a model pole, placed the...

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