New York Court of Appeals, 1928

Schweitzer v. Mindlin

Schweitzer v. Mindlin
New York Court of Appeals · Decided May 11, 1928
248 N.Y. 560; 162 N.E. 524; 1928 N.Y. LEXIS 1362

Schweitzer v. Mindlin

Opinion of the Court

Order of Appellate Division and that of Special Term reversed and defendant’s motion for judgment granted, with costs in all courts. Question certified answered in *561 the negative. Held, that the complaint does not state facts sufficient to constitute a cause of action in that it fails to state any facts from which an inference of negligence is possible.

Concur: Cardozo, Ch. J., Pound, Crane, Andrew's, Lehman, Kellogg and O’Brien, JJ.

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