Appellate Terms of the Supreme Court of New York, 1913

Smith v. Kahn

Appellate Terms of the Supreme Court of New York · Decided May 8, 1913

141 N.Y.S. 520 (New York Supplement)

Counsel

Nathan Kelmenson, of New York City, for appellant., Strasbourger, Eschwege & Schallek, of New York City (Emanuel Eschwege, of New York City, of counsel), for respondent.

Opinion of the Court

PER CURIAM.

Plaintiff proved that the defendant enticed her to put her hand through the window to receive money that he owed her, and then violently pushed the window down upon her hand, whereby her hand was bruised, and for which injury she received medical treatment. These facts establish a prima facie cause of action for assault' and battery.

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

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