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Lenahan v. City of New York

142 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1913-06-20 English

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p. 1127
LENAHAN v. CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
June 20, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Anna Lenahan, an infant, by John Lenahan, her guardian ad litem, against the City of New York. From a judgment entered on verdict, and from an order denying motion for new trial, defendant appeals. Reversed, and complaint dismissed. Harry Crone, of New York City, for appellant. Morris W. Hart, of New York City, for respondent.

Plaintiff proved no negligence on defendant’s part (Lalor v. City of N. Y. [Court of Appeals, May 20, 1913] 102 N. E. 558 ), and the finding that defendant was negligent was without evidence to support it, and that finding is therefore reversed. The judgment is therefore reversed, with costs, and complaint dismissed, with costs.