Tolchinsky v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isidor Tolchinsky, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of May, 1914, upon the dismissal of the complaint by direction of the court after the jury had disagreed, and also from an order entered on the 5th day of May, 1914, denying plaintiff’s motion to set aside the dismissal.
1Opinion of the Court
Scott, J.:
The action is for damages for the death of a child three years old. The plaintiff, the father of the infant, is what is known as a push-cart peddler. His cart was one of a long line of similar carts standing in the roadway, close to the curb, on the southerly side of Hester street, between Ludlow and Orchard streets, in the city of New York. It did not appear that he had received a municipal license as such peddler. At the time of the accident plaintiff’s wife was attending to the business standing in the roadway facing the sidewalk and close up against the push cart. She held the…
2Cases cited5 opinions
- In re GroutAppellate Division of the Supreme Court of the State of New York · 1905
- Bernreither v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Bernreither v. . City of New YorkNew York Court of Appeals · 1909
- Collender v. ReardonAppellate Division of the Supreme Court of the State of New York · 1910
- Moren v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by11 opinions
- Casey v. . City of New YorkNew York Court of Appeals · 1916
- McGovern v. City of New YorkNew York Supreme Court · 1935
- Lo Guercio v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1969
- Johannes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- Daniel J. Rice, Inc. v. City of New YorkNew York Supreme Court · 1943
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