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GIANNOTTI v. PETERS

283 A.D. 1044 (1954)

Oliverio Giannotti et al., Respondents, v. William Peters et al., Appellants

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

June 21, 1954.

Judgment affirmed, with costs.

BERGAN, J. (dissenting).

Plaintiffs were injured when a projecting portion of scaffolding that had been lashed to a truck on which they were riding caught in a tree above the Eighty-Sixth Street Transverse Road in Central Park and, by shifting the scaffold, threw them from the truck. The verdict against the owner of the truck was well founded enough, but the verdict against the City of New York ought not to stand...

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