Legal Opinion
Lefkowitz v. City of New York
Appellate Terms of the Supreme Court of New York
Decided May 7, 1909Published
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Davis Lefkowitz against the City of New York. From a judgment for defendant, plaintiff appeals.
1Per curiam
Plaintiff was injured by being suddenly struck down by a horse and cart of the street cleaning department. Defendant offered no evidence. The jury found for defendant. Plaintiff appeals.
The trial court properly refused to dismiss the complaint. Therefore plaintiff was entitled to some amount of damages. See Meyers v. N. Y. City Ry. Co., 53 Misc. Rep. 650, 101 N. Y. Supp. 750.
Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.
2Cases cited2 opinions
- Hallahan v. Cambridge Hotel Co.New York Supreme Court · 1907
- Meyers v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906