Schmuck v. City of New York

Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Even in view of Seaman v. City of New York ( 176 App. Div. 608 ; affd., 227 N. Y. 572 ), there were facts in this case which made out a cause of action for some relief, either equitable or legal, and there should be a new trial. Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ., concur.