Schmuck v. City of New York, Higgins

Full title: J. CARL SCHMUCK, Appellant, v. THE CITY OF NEW YORK and JOHN R. HIGGINS…

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

Date published: Feb 1, 1928

223 App. Div. 723 (N.Y. App. Div. 1928)

Opinion

February, 1928.

Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Even in view of Seaman v. City of New York ( 176 App. Div. 608; affd., 227 N.Y. 572), there were facts in this case which made out a cause of action for some relief, either equitable or legal, and there should be a new trial. Lazansky, P.J., Rich, Kapper, Seeger and Carswell, JJ., concur.