Kirsch v. City of New York

Full title: SAMUEL KIRSCH, Respondent, v. THE CITY OF NEW YORK, Appellant

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

Date published: Feb 3, 1939

256 App. Div. 903 (N.Y. App. Div. 1939)

Opinion

February 3, 1939.

Present — Martin, P.J., O'Malley, Townley, Cohn and Callahan, JJ.; O'Malley, J., dissents and votes to affirm.

Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that no actionable negligence on the part of the defendant was proved. (See Winckler v. City of New York, 129 App. Div. 45; Balzer v. City of New York, 254 id. 772; affd., 279 N.Y. 742; Reutlinger v. City of New York, 255 App. Div. 848.)