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Farmer v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1965
23 A.D.2d 638 (N.Y. App. Div. 1965)

Opinion

March 4, 1965


Judgment on a verdict directed for defendant in a consolidated action for wrongful death and for personal injuries, unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new trial directed, with $50 costs to abide the event. Plaintiffs seek recoveries for injuries and wrongful death suffered in a city park resulting from the city's failure to provide adequate police protection. Had plaintiffs not been unduly trammeled in the presentation of their case they might have been able, difficult as it may be, to make out a prima facie case under the apparent rule in Caldwell v. Village of Is. Park ( 304 N.Y. 268). (See, also, Connolly v. City of New York, 23 A.D.2d 493.)

Concur — Botein, P.J., Breitel, Rabin, McNally and Eager, JJ.


Summaries of

Farmer v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1965
23 A.D.2d 638 (N.Y. App. Div. 1965)
Case details for

Farmer v. City of New York

Case Details

Full title:RAYMOND FARMER, as Administrator of the Estate of MICHAEL FARMER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 4, 1965

Citations

23 A.D.2d 638 (N.Y. App. Div. 1965)

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