Velez v. City of New York

264 A.D. 714, 34 N.Y.S.2d 830, 1942 N.Y. App. Div. LEXIS 4293

Opinion

Judgment reversed, with costs to the appellant, and a new trial ordered, on the ground that plaintiff's evidence established a prima fade 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. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Martin, P. J., and Glennon, J., dissent and vote to affirm.