Lewis v. Alper

Hopkins, J.,

concurs in the reversal of the judgment, but dissents as to the dismissal of the complaint, and votes to grant a new trial, with the following memorandum: The negligence of the defendant is established. The sole question remaining is whether the plaintiffs, by reason of such negligence, suffered provable damages, i.e., the difference in the plaintiffs’ pecuniary position from what it should have been had the defendant acted without negligence (Flynn v. Judge, 149 App. Div. 278, 280). Hence, it was necessary that the pleadings and transcript of testimony in the landlord’s action…