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McQUAGE v. CITY OF NEW YORK

285 A.D. 249 (1954)

William B. McQuage, Appellant, v. City of New York, Respondent

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

December 21, 1954.

Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Klein & Ruderman, attorneys), for appellant.

Samuel D. Johnson of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondent.

PECK, P. J., DORE and BREITEL, JJ., concur with BASTOW, J.; COHN, J., dissents and votes to affirm in opinion.

BASTOW, J.

The plaintiff appeals from a judgment entered upon a jury verdict in favor of the defendant. The action was brought to recover damages for personal injuries alleged to have been received while the plaintiff was in the process of boarding a bus owned and operated by the defendant. It appears to be undisputed that the bus was standing at its terminal point with...

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