Friel v. City of New York — 208 N.Y. 555

Majority

p. 555

John Friel et al., Respondents, v. The City of New York, Appellant. Edward Cade, Respondent, v. The City of New York, Appellant.

Headnote

Friel v. City of New York, 150 App. Div. 317 , affirmed.

Cade v. City of New York, 150 App. Div. 317 , affirmed.

(Argued March 24, 1913;

decided April 15, 1913.)

Appeal in each of the above-entitled actions from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1912, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover damages alleged to have been sustained by reason of a change of grade.

Archibald JR. Watson, Corporation Counsel (Charles J. Nehrbas and Terence Farley of counsel), for appellant.

Royal F. T. Riggs and J. Gardner Stevenson for respondents.

Order in each case affirmed, and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Carr, J., below.

Concur: Cullen, Oh. J., Cray, Willard Bartlett, Chase, Cuddeback, Hogan and Miller, JJ.