Cruz v. City of New York

Full title: MIGUEL CRUZ, Appellant, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: Mar 31, 1966

216 N.E.2d 713 (N.Y. 1966)

216 N.E.2d 713

269 N.Y.S.2d 722

Opinion

Argued March 22, 1966

Decided March 31, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.

Abraham Markhoff and Philip Myer for appellant.

J. Lee Rankin, Corporation Counsel ( William A. Marks and Seymour B. Quel of counsel), for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse upon the ground that plaintiff had made out a prima facie case of actionable negligence warranting its submission to the jury.