Swygert v. Cauldwell-Wingate Co.

Appellate Division of the Supreme Court of New York

Swygert v. Cauldwell-Wingate Co.

246 A.D. 584

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Action to recover damages for the alleged wrongful death of William C. Andrews predicated upon the negligence of the defendants in the maintenance and operation of a structure on Forty-third street, between Broadway and Eighth avenue, Manhattan. Judgment dismissing the complaint at the close of plaintiff’s ease, and the order denying plaintiff’s motion for a new trial on the ground of newly-discovered evidence, unanimously affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

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Action to recover damages for the alleged wrongful death of William C. Andrews predicated upon the negligence of the defendants in the maintenance and operation of a structure on Forty-third street, between Broadway and Eighth avenue, Manhattan. Judgment dismissing the complaint at the close of plaintiff’s ease, and the order denying plaintiff’s motion for a new trial on the ground of newly-discovered evidence, unanimously affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

Swygert v. Cauldwell-Wingate Co., 246 A.D. 584 (N.Y. Ct. App. 1935).

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