Velez v. City of New York

Full title: HORACIO PASTOR VELEZ, Appellant, v. THE CITY OF NEW YORK, Respondent

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

Date published: Apr 17, 1942

264 App. Div. 714 (N.Y. App. Div. 1942)

Opinion

April 17, 1942.

Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.; Martin, P.J., and Glennon, J., dissent and vote to affirm.

Judgment reversed, with costs to the appellant, and a new trial ordered, on the ground that plaintiff's evidence established a prima facie case raising issues of fact for the jury which should not have been disposed of by the trial court purely as an issue of law.