Fischerauer v. City of New York

175 A.D. 981 Court N.Y. App. Div. English

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p. 981

Fritz Fischerauer, as Administrator, etc., Appellant, v. The City of New York, Respondent.

Judgment reversed, new trial ordered, costs to appellant to abide event, on the ground that there was a question of fact for submission to the jury. Present —Clarke, P. J., McLaughlin, Scott, Smith and Page, JJ.;. Scott, J., dissented.