Faber v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the Appellate Division to grant judgment absolute dismissing the plaintiff’s complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the Appellate Division to grant judgment absolute dismissing the plaintiff’s complaint. (Cronin v. Lord, 161 N. Y. 90; Marden v. Dorthy, 160 N. Y. 39; Clemence v. City of Auburn, 66 N. Y. 334; Sundheimer v. City of New York, 176 N. Y. 495;…
1Opinion of the CourtSeabury, J.
The plaintiff, as administratrix of Rudolph Faber, deceased, sues to recover damages for alleged negligence on the part of the defendant causing the death of plaintiff’s intestate. The jury returned a verdict for the plaintiff. From the judgment entered upon the verdict and from the order denying the defendant’s motion for a new trial an appeal was taken to the Appellate Division. Upon appeal the Appellate Division reversed the judgment and order and dismissed the complaint. The order of reversal provides that it is “unanimously ordered, that the said judgment and order so appealed from be…
2Cases cited3 opinions
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
3Cited by41 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Sagorsky v. MalyonNew York Court of Appeals · 1954
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919
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