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ANNEBERG v. FIRST NAT'L CITY BANK

49 A.D.2d 827 (1975)

Einar Anneberg, Appellant, v. First National City Bank, Respondent

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

October 9, 1975

This appeal is here by our leave. On this record the trial court properly allowed the defendant to amend its answer to admit operation and control of the platform where the accident occurred. The photograph showing that railings had subsequently been erected about the platform was properly excluded. (Cahill v Kleinberg, 233 N.Y. 255.) The issue of negligence was fairly submitted to the jury without exception. Its verdict...

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