Anderson v. City of New York

Appellate Division of the Supreme Court of New York

Anderson v. City of New York

261 A.D. 899, 26 N.Y.S.2d 490, 1941 N.Y. App. Div. LEXIS 8010

Procedural entryThis page is a short order in Anderson v. City of New York. Read the opinion of the Court — 258 A.D. 588 →

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1941·Published

Opinion

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the credible evidence. Present— ¡Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Martin, P. J., dissents and votes to reverse the judgment and dismiss the complaint on the ground that the evidence failed to prove any actionable negligence. In addition, the notice to the city of New York is fatally defective in that it fails to definitely point out the location of the alleged defect in the sidewalk, which it is claimed caused the accident. Callahan, J., dissents and votes to affirm.

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Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the credible evidence. Present— ¡Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Martin, P. J., dissents and votes to reverse the judgment and dismiss the complaint on the ground that the evidence failed to prove any actionable negligence. In addition, the notice to the city of New York is fatally defective in that it fails to definitely point out the location of the alleged defect in the sidewalk, which it is claimed caused the accident. Callahan, J., dissents and votes to affirm.

Anderson v. City of New York, 261 A.D. 899, 26 N.Y.S.2d 490, 1941 N.Y. App. Div. LEXIS 8010 (N.Y. Ct. App. 1941).

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261 A.D. 899 (Anderson v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.