Lenahan v. City of New York — 157 A.D. 907

Majority

p. 907

Anna Lenahan, an Infant, by John Lenahan, Her Guardian ad Litem, Respondent, v. The City of New York, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 18th day of October, 1913, on a verdict and also from an order entered on the 31st day of October, 1913, denying a motion for a new trial.

Plaintiff proved no negligence on defendant’s part (Lalor v. City of New York, 308 N. Y. 431 ), and the finding that defendant was negligent was without evidence to support it, and that finding is, therefore, reversed. The judgment is, therefore, reversed, with costs, and complaint dismissed, with costs. Present — Ingraham, P. J., McLaughlin, Clarke, Dowling and Hotchkiss, JJ. Judgment and order reversed, with costs, and complaint dismissed, with costs. Order to be settled on notice.