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KOEHLER v. CITY OF N. Y.

102 Misc.2d 398 (1979)

Dorothy Koehler, Individually and as Executrix of Raymond Koehler, Deceased, et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Queens County.

December 28, 1979.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (David Jacobs of counsel), for City of New York, defendant. Shapiro, Sheff, Beilly, Rosenberg & Fox (Abraham Shapiro of counsel), for Robbins Mens & Boys Wear Corp., defendant. Cullen & Dykman (John Murphy of counsel), for Brooklyn Union Gas Company, Inc., defendant. Lipsig, Sullivan, Mollen & Liapakis, P. C. (Robert G. Sullivan of counsel), for plaintiffs.

SIDNEY LEVISS, J.

This is a motion by defendants made during trial of the above-entitled action for leave and permission to allege and prove as an affirmative defense, in mitigation of damages, the comparative negligence of plaintiffs with respect to their cause of action which is based upon section 205-a of the General Municipal Law of the State of New York. Although there is an additional cause of action...

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