Warden v. City of New York — 193 N.Y. 669

Majority

p. 669

Irene Warden, an Infant, by William E. Warden, Her Guardian ad Litem, Respondent, v. The City of New York et al., Appellants.

Headnote

Warden v. City of New York, 123 App. Div. 733 , affirmed.

(Argued November 19, 1908:

decided December 8, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial, department, entered January 17, 1908, which reversed a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been received through defendants’ negligence.

Francis K. Pendleton, Corporation Counsel (James D. Bell of counsel), Alfred A. Wheat and Frank A. Gaynor for appellants.

Robert Stewart and Daniel T. O'Brien for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.