Legal Opinion

Tolchinsky v. . the City of New York

New York Court of Appeals

Decided February 27, 1917PublishedCited by 8 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate, an infant three years of age, alleged to have been occasioned through the negligence of defendant.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate, an infant three years of age, alleged to have been occasioned through the negligence of defendant. The cause of death was injuries received by reason of being run over by a wagon belonging to the street cleaning department. The complaint was dismissed on the grounds that it…

1Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Hisoooic, Oh. J., Collin, Hogan, Cardozo, Pound and Crane, JJ. Not sitting: McLaughlin, J.

2Cited by8 opinions

  1. McGovern v. City of New YorkNew York Supreme Court · 1935
  2. Reynolds v. Village of NyackAppellate Division of the Supreme Court of the State of New York · 1940
  3. Lo Guercio v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1969
  4. Di Bartolo v. City of New YorkNew York Court of Appeals · 1944
  5. Daniel J. Rice, Inc. v. City of New YorkNew York Supreme Court · 1943

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