Toomey v. Hotel Chesterfield, Inc. — 261 N.Y. 647

Majority

p. 647

Joseph P. Toomey, Respondent, v. Hotel Chesterfield, Inc., Appellant.

(Submitted March 2, 1933;

decided April 11, 1933.)

p. 648

William Dike Reed, John G. Reilly and Bernard 3. Vincent for appellant.

J. M. Cohen and Thomas C. McDonald for respondent.

Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event. Held, that the charge of the court in reference to the city ordinance had no reference to the facts of this case. No opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.