Doyle v. City of New York

The judgment herein has heretofore been affirmed by this court. The plaintiff now seeks leave to reargue. He raises no new point and does not claim that any point originally made was overlooked by the court but merely urges that the decision made was erroneous.

*504The judgment of the trial court, finding for the defendant and dismissing the complaint, could properly be sustained upon the facts as they were found below. There is, however, another ground upon which we think the affirmance also could be predicated; and as we have been advised that there are pending a number of other cases involving…