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Gershon v. City of New York

287 N.Y. 820 Court N.Y. Decision date 1942-03-05 English

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p. 820
Esther Gershon, as Administratrix of the Estate of Samuel Gershon, Deceased, Appellant, v. City of New York et al., Respondents.
Argued January 22, 1942;
decided March 5, 1942.
p. 821
Harold M. Phillips for appellant.
William C. Chanler, Corporation Counsel (Charles F. Murphy, Paxton Blair and Irving Galt of counsel), for City of New York, respondent.

Judgments reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that the trial judge by erroneous rulings prevented plaintiff from producing evidence which it is claimed would have sustained the plaintiff’s cause of action. No opinion.

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