Mehler v. City of New York

Full title: JEAN MEHLER, Appellant, et al., Plaintiff, v. CITY OF NEW YORK, Respondent

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

Date published: Nov 27, 1962

17 A.D.2d 941 (N.Y. App. Div. 1962)

Opinion

November 27, 1962

Judgment dismissing the complaint reversed on the law and the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. Plaintiff has made out a sufficient case to present a question of fact for the jury on both negligence and contributory negligence.

Concur — Rabin, J.P., Stevens and Bergan, JJ.; Valente and Eager, JJ., dissent and vote to affirm.