Legal Opinion

Kirsch v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1939PublishedCited by 4 opinions

1Opinion of the Court

Judgment reversed, with costs, and the complaint dismissed, with costs, on the ground that no actionable negligence on the part of the defendant was proved. (See Winckler v. City of New York, 129 App. Div. 45; Balzer v. City of New York, 254 id. 772; affd., 279 N. Y. 742; Reutlinger v. City of New York, 255 App. Div. 848.) Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to affirm.

2Cases cited3 opinions

  1. Reutlinger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
  2. Balzer v. City of New YorkNew York Court of Appeals · 1939
  3. Winckler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by4 opinions

  1. Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  2. Rapoport v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
  3. Weisfeld v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
  4. Leone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942