Greenberg v. City of New York

Full title: FANNIE GREENBERG, Appellant, v. THE CITY OF NEW YORK, Respondent

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

Date published: May 1, 1935

244 App. Div. 766 (N.Y. App. Div. 1935)

Opinion

May, 1935.

Appeal from Supreme Court, Bronx County.

Present — Martin, P.J., McAvoy, O'Malley, Townley and Glennon, JJ.; Martin, P.J., dissents and votes for affirmance.

Order entered May 3, 1934, reversed, with twenty dollars costs and disbursements, and judgment reinstated. Appeal from order dated May 21, 1934, dismissed. No opinion.

MARTIN, P.J., (dissenting).

I am of the opinion that there should be a new trial of this action. The record contains sufficient evidence to warrant the conclusion that the plaintiff has been suffering for years from arthritis. The large verdict is evidently based upon the erroneous assumption that all of plaintiff's ailments were the result of the accident. On a new trial the facts may be developed in a much more satisfactory manner than they are set forth in the present record. I, therefore, vote to affirm.