McGuirk v. City of New York

285 N.Y. 596 | NY | 1941

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Judgment affirmed, with costs; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH and LEWIS, JJ. Dissenting: RIPPEY, CONWAY and DESMOND, JJ., on the ground that it was a question of fact whether under all the circumstances the defendant exercised such care as was required in the exercise of ordinary prudence.