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Tillery v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 25, 1967
28 A.D.2d 529 (N.Y. App. Div. 1967)

Opinion

May 25, 1967


Judgment entered after a jury trial, in this action for personal injuries, in the sum of $1,800 in favor of the infant plaintiff, and in the sum of $500 in favor of plaintiff Rosa Tillery, unanimously reversed, on the law, and the complaint dismissed, without costs and without disbursements. The appeal from the order setting aside the verdict is dismissed as academic. The infant plaintiff testified on direct examination that she did not know what happened to her; all she knew was that she was running and something hit her. She did not know whether it was somebody's hand or leg that "tripped" her. If we did not dismiss the complaint, we would reverse the judgment and order a new trial on the ground that finding of liability is against the weight of the credible evidence.

Concur — Botein, P.J., Stevens, Capozzoli, Tilzer and McNally, JJ.


Summaries of

Tillery v. City of New York

Appellate Division of the Supreme Court of New York, First Department
May 25, 1967
28 A.D.2d 529 (N.Y. App. Div. 1967)
Case details for

Tillery v. City of New York

Case Details

Full title:DIANE TILLERY, an Infant by Her Guardian ad Litem, ROSA TILLERY, et al.…

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

Date published: May 25, 1967

Citations

28 A.D.2d 529 (N.Y. App. Div. 1967)