decided: June 5, 1968.
HELEN KELLY, RESPONDENT, ET AL., PLAINTIFF,
CITY OF NEW YORK, APPELLANT, AND NEW YORK CITY TRANSIT AUTHORITY, RESPONDENT; HELEN KELLY ET AL., PLAINTIFFS, V. SONASTONE REALTY CORPORATION ET AL., DEFENDANTS
Kelly v. City of New York,
Concur: Judges Burke, Keating, Breitel and Jasen. Chief Judge Fuld and Judges Scileppi and Bergan dissent.
Order affirmed, with costs to plaintiff-respondent; no opinion. Chief Judge Fuld and Judges Scileppi and Bergan dissent and vote to reverse on the ground that plaintiff failed to prove negligence on the part of defendant City of New York.
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