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Novelli v. Paul-Burke Realty Co.

280 A.D. 875 Court N.Y. App. Div. Decision date 1952-07-09 English

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p. 875
Laura Novelli, as Limited Administratrix of the Estate of Joseph A. Novelli, Deceased, Appellant, v. Paul-Burke Realty Co., Inc., et al., Respondents.

Judgment affirmed, with costs. All concur, except McCurn and Piper, JJ., who dissent and vote for reversal and for granting a new trial on the ground that the evidence presented questions of fact as to defendants’ negligence and plaintiff’s contributory negligence. (Appeal from a judgment dismissing the complaint in a negligence action.) Present — Taylor, P. J., McCurn, Kimball, Piper and Wheeler, JJ.