Woodson v. New York City Housing Authority

*330Memorandum by the Court. Judgment reversed on the law and a new trial ordered, with costs to abide the event. "Whether or not plaintiff was wrongfully assaulted and whether or not he was falsely arrested and imprisoned should not have been determined by the trial court as a matter of law. Under the circumstances here there were involved questions of fact which should have been submitted to the jury. The mere fact that a defendant in this type of action rests upon plaintiff’s case, without introducing any proof, does not necessarily amount to a concession of the facts establishing the…