Gaffney v. City of New York

151 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1915-01-29 English

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p. 1117

GAFFNEY, Appellant, v. CITY OF NEW YORK, Respondent.

(Supreme Court, Appellate Division, Second Department.

January 29, 1915.)

Headnote

Action by Rose A. Gaffney against the City of New York.

Judgment reversed, and new trial granted, costs to abide the event, upon the ground that plaintiff’s evidence presented a question of fact, which required submission of tile case to the jury.

JENKS, P. J., and STAPLETON, J., dissent.