Follert v. Erickson — 213 N.Y. 636

Majority

p. 636

Anton Follert, as Administrator of the Estate of Anton Follert, Deceased, Respondent, v. John Erickson, Defendant, and The City of New York, Appellant.

(Argued October 19, 1914;

decided November 10, 1914.)

Headnote

Follert v. Erickson, 156 App. Div. 372 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1913, reversing a judgment in favor of defendant, appellant, entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendants.

p. 637

Frank L. Polk, Corporation Counsel (Edward A. Freshman and James D. Bell of counsel), for appellant.

S. Charles Sugarman for respondent.

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

Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ.

Cases cited

Follert v. Erikson 156 App. Div. 372 N.Y. App. Div. 1913-04-30 p. 636