Schweitzer v. Mindlin

Order of Appellate Division and that of Special Term reversed and defendant’s motion for judgment granted, with costs in all courts. Question certified answered in the negative. Held, that the complaint does not state facts sufficient to constitute a cause of action in that it fails to state any facts from which an inference of negligence is possible.

Concur: Cardozo, Ch. J., Pound, Crane, Andrew's, Lehman, Kellogg and O’Brien, JJ.