decided: March 5, 1969.
ROSELLA SWERDZEWSKI, AS ADMINISTRATRIX OF THE ESTATE OF FRANK A. SWERDZEWSKI, DECEASED, RESPONDENT-APPELLANT,
INCORPORATED VILLAGE OF WESTHAMPTON BEACH, APPELLANT-RESPONDENT
Swerdzewski v. Incorporated Vil. of Westhampton Beach, 30 A.D.2d 694, affirmed in part, appeal transferred in part.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.
On the cross appeal: Appeal transferred to the Appellate Division, Second Department (N. Y. Const., art. VI, § 5, subd. b; CPLR 5501, subd. [b]). No opinion.
On the main appeal: Judgment affirmed, with costs, on the opinion at the Appellate Division (30 A.D.2d 694).
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