Kirsch v. City of New York

Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that no actionable negligence on the part of the defendant was proved. (See Winckler v. City of New York, 129 App. Div. 45 ; Balzer v. City of New York, 254 id. 772; affd., 279 N. Y. 742 ; Reutlinger v. City of New York, 255 App. Div. 848 .) Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to affirm.