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CALLAGHAN v. CITY OF NEW YORK

283 A.D. 388 (1954)

Margaret Callaghan et al., Appellants, v. City of New York, Respondent

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

March 2, 1954.

Attorney(s) appearing for the Case

Joseph R. Apfel for appellants.

Andrew Bellanca of counsel (Seymour B. Quel with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for respondent.

PECK, P. J., BASTOW and BOTEIN, JJ., concur.

BERGAN, J.

The proof before the Special Referee is that on December 4, 1950, just before 5:00 P.M., plaintiff Margaret Callaghan alighted from a northbound Lexington Avenue express subway train at the 125th Street station and walked to the local side of the platform. There were at that time at least one hundred people standing on the local side of the platform at the point where said plaintiff crossed.

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