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Appellate Terms of the Supreme Court of New York, 1909

Lefkowitz v. City of New York

Lefkowitz v. City of New York
Appellate Terms of the Supreme Court of New York · Decided May 7, 1909
116 N.Y.S. 683 (New York Supplement)

Counsel

Jacob W. Block, for appellant., Francis K. Pendleton (Theodore Connoly and Loyal Leale, of counsel), for respondent.

Lefkowitz v. City of New York

Opinion of the Court

PER CURIAM.

Plaintiff was injured by being suddenly struck down by a horse and cart of the street cleaning department. Defendant offered no evidence. The jury found for defendant. Plaintiff appeals.

The trial court properly refused to dismiss the complaint. Therefore plaintiff was entitled to some amount of damages. See Meyers v. N. Y. City Ry. Co., 53 Misc. Rep. 650, 101 N. Y. Supp. 750.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.

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