Rizzo v. City of New York — 271 A.D.2d 892

Majority

p. 892

Andrew Rizzo, an Infant, by His Guardian ad Litem, Charles Rizzo et al., Respondents, v. City of New York, Appellant.

Appeal by defendant from a judgment in favor of the plaintiffs in an action to recover damages for personal injuries, and for medical expenses and loss of services, as a result of the infant plaintiff’s being run over by a trolley car. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. In our opinion the verdict in plaintiffs’ favor was against the weight of the credible evidence. Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ., concur.