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Soto v. City of New York

173 N.E.2d 238, 9 N.Y.2d 683, 212 N.Y.S.2d 418, 1961 N.Y. LEXIS 1524
CourtNew York Court of Appeals
DecidedJanuary 20, 1961
StatusPublished

This text of 173 N.E.2d 238 (Soto v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soto v. City of New York, 173 N.E.2d 238, 9 N.Y.2d 683, 212 N.Y.S.2d 418, 1961 N.Y. LEXIS 1524 (N.Y. 1961).

Opinions

Judgment reversed and a new trial granted, with costs to abide the event, upon the ground that the allegations of the complaint, the bill of particulars, and the opening statement of plaintiff’s counsel, if established by credible proof, would make out a prima facie case sufficient for submission to the jury. (Bowers v. City Bank Farmers Trust Co., 282 N. Y. 442, 446; Collentine v. City of New York, 279 N. Y. 119, 124.)

Concur: Chief Judge Desmond and Judges Dye, Froessel and Foster. Judge Van Voorhis dissents in the following opinion in which Judges Fttld and Burke concur:

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Bluebook (online)
173 N.E.2d 238, 9 N.Y.2d 683, 212 N.Y.S.2d 418, 1961 N.Y. LEXIS 1524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soto-v-city-of-new-york-ny-1961.