Opinion · Nylaw New York

KIRSCH v. CITY OF NEW YORK, 256 App. Div. 903 (1939)

SAMUEL KIRSCH, Respondent, v. CITY OF N.Y., Appellant., 256 A.D. 903 (Appellate Division of the Supreme Court of New York, First Department. 1939)

Type: Opinion
Court: New York
Jurisdiction: New York
Date: 1939-02-03
Topic: general

KIRSCH v. CITY OF NEW YORK, 256 App. Div. 903 (1939) SAMUEL KIRSCH, Respondent, v. THE CITY OF NEW YORK, Appellant.Appellate Division of the Supreme Court of New York, First Department. February 3, 1939.

Citator

UpLaw has not yet analyzed KIRSCH v. CITY OF NEW YORK, 256 App. Div. 903 (1939). The absence of a flag is not a finding that it is good law.

KIRSCH v. CITY OF NEW YORK,256 App. Div. 903(1939)

SAMUEL KIRSCH, Respondent, v. THE CITY OF NEW YORK, Appellant.

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

February 3, 1939.

Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that no actionable negligence on the part of the defendant was proved. (SeeWincklerv.City of NewYork,129 App. Div. 45;Balzerv.City of New York, 254 id. 772; affd.,279 N.Y. 742;Reutlingerv.City of New York,255 App. Div. 848.)

Present — Martin, P.J., O'Malley, Townley, Cohn and Callahan, JJ.; O'Malley, J., dissents and votes to affirm.