First Department,
April, 1914.
Julius Bodenheim, Respondent, v. The City of New York, Appellant, Impleaded with Others.
Appeal from an order of the Appellate Term, entered in the New York county clerk’s office on the 17th day of June, 1913, affirming a judgment of the Municipal Court and an order denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
There was no evidence that the defendant was negligent. The determination of the Appellate Term and the judgment of the Municipal Court are, therefore, reversed and judgment directed for the defendant, with costs in all courts. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Determination of Appellate Term and judgment of Municipal Court reversed and judgment directed for defendant, with costs in all courts. Order to he settled on notice.