Criscone v. Malatesta
170 N.E. 136
| NY | 1929

Judgment of the Appellate Division and that of the Trial Term reversed and complaint dismissed, with costs *Page 545 in all courts, on the ground that there is no evidence of defendant's negligence or of the plaintiff's freedom from contributory negligence; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG and O'BRIEN, JJ. Dissenting: HUBBS, J.