Legal Opinion

Brodsky v. Rieser

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

Decided March 4, 1921PublishedCited by 5 opinions

Appeal by the plaintiff, Mamie Brodsky, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 28th day of November, 1919, granting the defendant’s motion for judgment upon the pleadings and dismissing the complaint.

1Opinion of the Court

Page, J.:

The complaint alleges that the defendant ran into the plaintiff’s son with his automobile and continues:

“ Third. That after the aforesaid occurrence the plaintiff endeavored to detain the defendant until the arrival of the police authorities, and that the defendant in attempting to leave the scene of the said accident, contrary to and in violation of Section 290, subdivision 3, of the Highway Law,* put his machine in motion, dragging the plaintiff for a considerable distance and thereby committed an assault upon her, causing her to become sick, sore, lame and disabled, and to suffer…

2Cited by5 opinions

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