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Sullivan v. City of Syracuse

150 N.Y.S. 1113 Court N.Y. App. Div. Decision date 1914-11-25 English

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p. 1113
SULLIVAN, Respondent, v. CITY OF SYRACUSE, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 25, 1914.)

Headnote

Action by John Sullivan against the City of Syracuse.

Judgment and order affirmed, with costs.

MERRELL, J., dissents upon the grounds, first, that the work in which the plaintiff was engaged was the performance of a governmental function, and not such as to render the defendant liable for the negligence complained of. or to bring the defendant within the provisions of the Labor Law (Consol. Laws, c. 31); and, second, that in any event the verdict is against the weight of the evidence.