Appellate Division of the Supreme Court of New York, 1971

Latini v. Schmidt

Latini v. Schmidt
Appellate Division of the Supreme Court of New York · Decided January 25, 1971
36 A.D.2d 539; 318 N.Y.S.2d 693; 1971 N.Y. App. Div. LEXIS 4868
Latini v. Schmidt

Opinion of the Court

No opinion. Munder, Acting P. J., Martuscello, Shapiro and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment with the following memorandum: It is my opinion that the provisions of the Administrative Code of the City of New York are applicable for the protection of a policeman in the performance of his duties and that a question for the jury was created by the failure of defendant Paul Schmidt to comply therewith.

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