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O'Donnell v. City of New York

278 A.D. 752 Court N.Y. App. Div. Decision date 1951-04-03 English

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p. 752
(April 3, 1951.)
Cornelius O’Donnell, Respondent, v. City of New York, Appellant.

Judgment affirmed, with costs. No opinion. Present — Peek, P. J., Cohn, Van Voorhis, Shientag and Heffernan, JJ.; Van Voorhis, J., dissents and votes to reverse and order a new trial upon the ground that it is physically impossible for the accident to have occurred in the manner in which plaintiff testified and that the verdict is clearly contrary to the weight of the evidence.