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LUCY BOLTE v. CITY NEW YORK ET AL. (06/14/68)

COURT OF APPEALS OF NEW YORK 1968.NY.42116 <http://www.versuslaw.com>; 239 N.E.2d 653; 22 N.Y.2d 817 decided: June 14, 1968. LUCY BOLTE, AS ADMINISTRATRIX OF THE ESTATE OF GUSTAVE BOLTE, DECEASED, APPELLANT,v.CITY OF NEW YORK ET AL., RESPONDENTS, ET AL., DEFENDANTS Bolte v. City of New York, 28 A.D.2d 232, reversed. Arthur N. Seiff and Harry H. Lipsig for appellant. J. Lee Rankin, Corporation Counsel (L. Michael Rudolph and Stanley Buchsbaum of counsel), for City of New York, respondent. David S. Konheim for Broadway Maintenance Corp., respondent. Concur: Judges Burke, Scileppi, Keating and Breitel. Chief Judge Fuld and Judges Bergan and Jasen dissent.


Bolte v. City of New York, Concur: Judges Burke, Scileppi, Keating and Breitel. Chief Judge Fuld and Judges Bergan and Jasen dissent.

 No opinion. Chief Judge Fuld and Judges Bergan and Jasen dissent and vote to affirm on the opinion at the Appellate Division.

Disposition

Order reversed, with costs to abide the event, and a new trial granted on the ground that there was sufficient evidence to submit to the jury.

19680614

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