Dilday v. City of New York

Order reversed, with $20 costs and disbursements to the appellants, and the motion denied, without prejudice to a renewal of the motion on competent medical proof showing that the death was the result of the accident. Present — Peck, P. J., Dore, Cohn, Breitel and Bastow, JJ.; Cohn, J., dissents and votes to affirm on the ground that in the circumstances of this case the Special Term properly exercised its discretion in granting this motion. [See post, p. 793.]