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McCloskey v. Buckley

156 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1915-12-24 English

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p. 1132
Lillian McCLOSKEY, an infant, by William J. McCloskey, her guardian ad litem, respondent, v. John BUCKLEY and the City of New York, appellants.
(Supreme Court, Appellate Division, Second Department.
December 24, 1915.)

Judgment and order unanimously affirmed on reargument, with costs as to defendant Buckley. Judgment and order affirmed on reargument, with costs as to defendant the City of New York. No opinion. Thomas, Carr, Rich, and Putnam,, JJ., concur. Jenks, P. J., dissents upon the ground that said defendant was not liable on the theory of nuisance, which was that of this case.