Rosenfeld v. Long Island Railroad — 217 N.Y. 645

Majority

p. 645

Samuel Rosenfeld, Respondent, v. The Long Island Railroad Company, Appellant.

Headnote

Rosenfeld v. Long Island R. R. Co., 160 App. Div. 884 , affirmed.

(Argued January 26, 1916;

decided February 22, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department entered December 26,1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages resulting from the failure of defendant to deliver two tranks within a reasonable time. The question on appeal w'as as to the propriety of permitting the plaintiff to recover special damages arising from his inability to perform a contract owing to the non-delivery of the trunks.

p. 646

Dominic B. Griffin and Joseph F. Keany for appellant.

Benjamin Reass, Hugo Hirsh and Emanuel Newman for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ.