Hyperlawhypertext legal database Kleinman v. City of New York 147 N.Y.S. 1120

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Kleinman v. City of New York

147 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1914-05-22 Docket No. 5842 English

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p. 1120
KLEINMAN v. CITY OF NEW YORK.
(No. 5842.)
(Supreme Court, Appellate Division, First Department.'
May 22, 1914.)

Headnote

Appeal from Trial Term, New York County. Action by Freda Kleinman, an infant, etc., against the city of New York. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Judgment and order reversed, and complaint dismissed. Clarence L. Barber, of New York City, for appellant. Nathan H. Stone, of New York City, for respondent.

The evidence failed to show that the city of New York was guilty 'of any negligence in maintaining the seats in' the condition in which they were, or that the condition of the seats was the proximate cause of the plaintiff’s injury. It follows that the judgment -and order appealed from must be reversed, with costs, and the complaint dismissed, with costs.