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Greenberg v. J. Kruger, Inc.

231 A.D. 800 Court N.Y. App. Div. English

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Majority

p. 800
Albert Greenberg, an Infant, by Morris Greenberg, His Guardian ad Litem, Respondent, v. J. Kruger, Inc., Appellant.

Judgment reversed, with costs, and complaint dismissed, with costs. The record contains no evidence from which it can be found that the defendant participated in the placing of the piano upon the sidewalk. The process was valid, and the defendant is not responsible for the manner of its execution by the city marshal. (Ide v. Finn, 196 App. Div. 304 .) Present — Dowling, P. J., Merrell, Finch, McAvoy and Sherman, JJ.