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ZACCARDO v. CITY OF NEW YORK

283 A.D. 822 (1954)

Susan Zaccardo et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 22, 1954.

Judgment reversed on the law and new trial granted, with costs to appellants to abide the event.

In our opinion, defendant's negligence and plaintiff wife's contributory negligence were questions of fact which required submission to the jury.

Adel, J., dissents and votes to affirm the judgment on the ground that there is no proof in the record showing negligence on the part of the defendant which caused...

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