Reider v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, George Beider, an infant, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, after a dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial before the court and a jury at the Westchester Trial Term.
1Opinion of the Court
Stapleton, J.:
There was an order entered in this case directing that plaintiff’s exceptions be heard in the first instance by the Appellate Division, and the exceptions are here to be heard upon amotion for a new trial. The single exception presented is that to the ruling of the trial court granting defendant’s motion for a dismissal of the complaint at the close of plaintiff’s case.
' The action is brought against a municipal corporation, and liability is asserted upon the theory that the defendant created a public nuisance through which the plaintiff sustained personal injury.
The principles…
2Cases cited3 opinions
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- De Agramonte v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1906
- De Agramonte v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Cunningham v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1934