General
Loren A. Derby, an Infant, by Kathryn H. Derby, His Guardian ad Litem, Respondent, v. City of Olean, Appellant, Impleaded with Others. Frank F. Derby et al., Respondents, v. City of Olean, Appellant, Impleaded with Others. Donald Mishanec, an Infant, by William Mishanec, His Guardian ad Litem, Respondent, v. City of Olean, Appellant, Impleaded with Others. Dmitro Mishanec, Respondent, v. City of Olean, Appellant, Impleaded with Others. Frank E. Williams, Administrator of the Estate of Harold J. Williams, Respondent, v. City of Olean, Appellant, Impleaded with Others
265 A.D. 905·New York Supreme Court, Appellate Division·1942·NY
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Opinion
Loren A. Derby, an Infant, by Kathryn M. Derby, His Guardian ad Litem, Respondent, v. City of Olean, Appellant, Impleaded with Others. Frank F. Derby et al., Respondents, v. City of Olean, Appellant, Impleaded with Others. Donald Mishanec, an Infant, by William Mishanec, His Guardian ad Litem, Respondent, v. City of Olean, Appellant, Impleaded with Others. Dmitro Mishanec, Respondent, v. City of Olean, Appellant, Impleaded with Others. Frank E. Williams, Administrator of the Estate of Harold J. Williams, Respondent, v. City of Olean, Appellant, Impleaded with Others.
[MAJORITY]
All concur. (The order denies a motion of defendant City of Clean for a dismissal of the complaints in actions for damages for personal injuries sustained by plaintiffs by reason of their having been struck by a falling wall.) Present — Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.