Appellate Division of the Supreme Court of New York, 1950

Zagelbaum v. City of New York

Zagelbaum v. City of New York
Appellate Division of the Supreme Court of New York · Decided December 12, 1950
277 A.D.2d 1103
Zagelbaum v. City of New York

Opinion of the Court

Judgment affirmed, with costs to the respondent. No opinion. Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ.; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the verdict in plaintiff's favor against defendant is clearly against the overwhelming weight of the evidence; Cohn, J., dissents and votes to reverse and dismiss the complaint on the ground that there was no proof of negligence on the part of employees of the fire department of the city of New York as asserted by plaintiff in his complaint.

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