Robb v. City of New York — 151 A.D. 621

Majority

p. 621

Thomas Robb, Respondent, v. The City of New York, Appellant.

First Department,

June 28, 1912.

Headnote

See head note in Collins v. City of New York {ante, p. 618).

Appeal by the defendant, The City of New York, from an order of the Appellate Term of the Supreme Court, entered in

p. 622

the office of the clerk of the county of New York on the 22d day of December, 1911, affirming'a judgment of the Municipal Court of the city of New York in favor of the plaintiff.

Loyal Leale, for the appellant.

S. John Block, for the respondent.

For the reasons stated in Collins v. City of New York ( 151 App. Div. 618 ), decided herewith, the determination of' the Appellate Term and the judgment of the Municipal Court are reversed and a new trial granted, with costs in all courts to the appellant to abide the event.

Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

Determination reversed and new trial ordered, with costs in all courts to appellant to abide event.