Bresnihan v. United States Trust Co.

255 A.D. 849 Court N.Y. App. Div. Decision date 1938-11-25 English

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p. 849

Joan Bresnihan and Jeremiah Bresnihan, Respondents, v. United States Trust Company of New York, Appellant, Impleaded with Others, Defendants.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that no actionable negligence on the part of the defendant-appellant was shown. Present —■ Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.; Dore, J., dissents and votes to affirm.