Galvano v. City of New York

Full title: ANTHONY GALVANO, Appellant, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: May 22, 1941

35 N.E.2d 199 (N.Y. 1941)

35 N.E.2d 199

Opinion

Argued April 25, 1941

Decided May 22, 1941

Appeal from the Supreme Court, Appellate Division, Second Department, McGARRY, J.

Frank Serri for appellant.

William C. Chanler, Corporation Counsel ( Edward J. McGratty, Jr., and Paxton Blair of counsel), for respondent.

Judgments reversed and new trial granted, with costs to abide the event, on the ground a question of fact is presented which should be submitted to the jury. No opinion.

Concur: LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., and FINCH, J.