Clarke v. City of New York — 295 N.Y. 861

Majority

p. 861

Dorothy Clarke, as Administratrix of the Estate of George P. Clarke, Deceased., Appellant, v. City of New York, Respondent.

Argued February 28, 1946;

decided April 18, 1946.

p. 862

Doris I. Byrne, Samuel J. Sussman and Herman E. Hoberman for appellant.

John J. Bennett, Jr., Corporation Counsel (Joseph F. Mulqueen, Jr., of counsel), for respondent.

• Judgments reversed and a new trial granted, with costs to abide the event upon the ground that the record presents questions of fact as to negligence and contributory negligence; no opinion.

Concur: Loegeban, Ch. J., Lewis, Conway, Desmond and Dye, JJ. Taking no part: Teacher, J. Medalie, J., deceased.