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ROSELLA SWERDZEWSKI v. INCORPORATED VILLAGE WESTHAMPTON BEACH (03/05/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40705 <http://www.versuslaw.com>; 247 N.E.2d 855; 24 N.Y.2d 760 decided: March 5, 1969. ROSELLA SWERDZEWSKI, AS ADMINISTRATRIX OF THE ESTATE OF FRANK A. SWERDZEWSKI, DECEASED, RESPONDENT-APPELLANT,v.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. George W. Percy, Jr., for appellant-respondent. Eugene A. Wolkoff and Parnell J. T. Callahan for respondent-appellant. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


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.

Disposition

On the main appeal: Judgment affirmed, with costs, on the opinion at the Appellate Division (30 A.D.2d 694).

19690305

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