Juszczak v. City of New York

In an action to recover damages for personal injury, medical expenses, etc,, the appeal is from a judgment of the Supreme Court, Kings County, entered January 23, 1967 in favor of plaintiffs against appellant, upon a jury verdict. Judgment reversed, on the law and the facts, without costs, and new trial granted as against defendant City of New York. In our opinion, the finding of negligence implicit in the jury’s verdict is against the weight of the credible evidence (Frost v. New York City Tr. Auth., 29 A D 2d 978; cf. Scanlon v. Temple, 297 N. Y. 516; Meadows v. Pless, 27 A D 2d 747;…