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McGuirk v. City of New York

285 N.Y. 596 Court N.Y. Decision date 1941-02-27 English

Contents

Majority

p. 596
Amelia McGuirk, as Administrator of the Estate of Elizabeth McGuirk, Deceased, et al., Appellants, v. City of New York, Respondent.
Argued January 22, 1941;
decided February 27, 1941.
p. 598
Seymour L. Colin and George A. Grabow for appellants.
William C. Chanler, Corporation Counsel (Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch and Lewis, JJ. Dissenting: Rippey, Conway and Desmond, JJ., on the ground that it was a question of fact whether under all the circumstances the defendant exercised such care as was required in the exercise of ordinary prudence.