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Campbell v. City of New York

285 N.Y. 529 Court N.Y. Decision date 1941-01-23 English

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p. 529
Philip F. Campbell, Appellant, v. City of New York, Respondent, Impleaded with Another.
Argued January 8, 1941;
decided January 23, 1941.
p. 530
John J. Brandon, Emile Z. Berman and Israel Beckhardt for appellant.
William C. Chanler, Corporation Counsel (Samuel A. Bloom, Paxton Blair and Sidney Shemel of counsel), for respondent.

Judgment of Appellate Division dismissing the complaint reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that a question of fact was presented in regard both to the defendant’s negligence and the plaintiff’s freedom from contributory negligence. No opinion.

Concur: Lehman, Ch. J., Lohghran, Finch, Rippey, Lewis, Conway and Desmond, JJ.