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Mehler v. City of New York

17 A.D.2d 941 Court N.Y. App. Div. Decision date 1962-11-27 English

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p. 941
Jean Mehler, Appellant, et al., Plaintiff, v. City of New York, Respondent.

Judgment dismissing the complaint reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. Plaintiff has made out a sufficient ease to present a question of fact for the jury on both negligence and contributory negligence. Concur — Rabin, J. P., Stevens and Bergan, JJ.; Valente and Eager, JJ., dissent and vote to affirm.