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McCabe v. City of New Rochelle

208 A.D. 820 Court N.Y. App. Div. English

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p. 820
Katherine T. McCabe, Plaintiff, v. The City of New Rochelle, Defendant.

Exceptions overruled, and judgment directed for the defendant dismissing the complaint, with costs. No opinion. Rich, Jaycox, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents upon the ground that the evidence presented a question of fact as to the negligence of defendant; and also as to whether plaintiff presented her claim within a reasonable time after expiration of the statutory limitation.[1]

* See New Rochelle Charter (Laws of 1910, chap. 559), § 141.— [Rep.