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Larusso v. City of New York

282 N.Y. 760 Court N.Y. Decision date 1940-04-09 English

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p. 760
Katie Larusso, as Administratrix of the Estate of Peter Sarcinelli, Deceased, Appellant, v. City of New York, Respondent.
Argued March 6, 1940;
decided April 9, 1940.
p. 762
Harry A. Spiegelman, Julius J. Ivanitsky and John M. Wilson for appellant.
William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.

Judgment of the Appellate Division in so far as it dismisses the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented for the jury. No opinion.

Concur: Lehman, Ch. J., Loughban, Finch, Rippey, Sears, Lewis and Conway, JJ.