New York Court of Appeals, 1959

Ryan v. City of New York

Ryan v. City of New York
New York Court of Appeals · Decided July 8, 1959
6 N.Y.2d 896; 160 N.E.2d 924

Ryan v. City of New York

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Judges Desmond, Dye, Fuld, Froessel and Van Voorhis. Chief Judge Conway dissents and votes to reverse and to order a new trial upon the ground that plaintiff clearly established a prima facie case and the jury found the facts in her favor (Kye v. Murray, 293 N. Y. 897). It was, therefore, not within the competency of the Appellate Division under our Constitution to find the facts to the contrary and to dismiss the complaint. Taking no part: Judge Burke.

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