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Kokofsky v. City of New York

Court of Appeals of the State of New York

Jul 2, 1947

74 N.E.2d 478 (N.Y. 1947)

Summary

In Kokofsky v. City of New York (297 N.Y. 553) and Allenson v. Furman (16 A.D.2d 629) defendants responded to emergencies without delay.

Summary of this case from Middlebrook v. Auletta

Argued May 19, 1946

Decided July 2, 1947

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

Charles E. Murphy, Corporation Counsel ( Seymour B. Quel and David M. Fuchs of counsel), for appellant.

Samuel Spevack, Bernard Meyerson and Samuel W. Held for respondents.

Judgments reversed and complaint dismissed, with costs in all courts, on the ground there was no evidence of negligence by the defendant. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, THACHER and DYE, JJ. Dissenting: CONWAY, DESMOND and FULD, JJ.