Fessenden v. City of New York

206 A.D. 753 Court N.Y. App. Div. English

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p. 753

James D. Fessenden, Respondent, v. The City of New York, Appellant, Impleaded with Another.

Judgment reversed, with costs, and complaint dismissed, with costs, upon the ground that the evidence discloses no actionable negligence on the part of the defendant. Present — Clarke, P. J., Smith, Merrell, McAvoy and Martin, JJ.