Zagelbaum v. City of New York

Full title: ABRAHAM ZAGELBAUM, Respondent, v. CITY OF NEW YORK, Appellant

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

Date published: Dec 12, 1950

277 App. Div. 1103 (N.Y. App. Div. 1950)

Opinion

December 12, 1950.

Present — Glennon, J.P., Dore, Cohn, Callahan and Shientag, JJ.;

Judgment affirmed, with costs to the respondent. No opinion.

Dore, J., dissents and votes to reverse and grant a new trial on the ground that the verdict in plaintiff's favor against defendant is clearly against the overwhelming weight of the evidence; Cohn, J., dissents and votes to reverse and dismiss the complaint on the ground that there was no proof of negligence on the part of employees of the fire department of the city of New York as asserted by plaintiff in his complaint.