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O'Rourke v. A. I. Namm & Son, Inc.

295 N.Y. 983 Court N.Y. Decision date 1946-06-14 English

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p. 983
Eleanor O’Rourke et al., Appellants, v. A. I. Namm & Son, Inc., et al., Respondents.
Submitted May 23, 1946;
decided June 14, 1946.
p. 984
Esther R. Brause and Leonard AcTcer for appellants.
William L. Shumate for respondents.

Judgment of Appellate Division reversed and that of Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that there was evidence of negligence proper to be submitted to the jury; no opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thacheb and Fuld, JJ. Taking no part: Dye, J.