Torts · MBE-tested
George J. Luckhardt, Respondent, v. The City of New York, Appellant
194 A.D. 953·New York Supreme Court, Appellate Division·1920·NY
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Opinion
First Department,
December, 1920.
George J. Luckhardt, Respondent, v. The City of New York, Appellant.
Appeal — motion for permission to appeal to Court of Appeals — when denied.
Motion for leave to appeal to the Court of Appeals from a judgment of this court unanimously affirming a judgment of the Supreme Court, New York county, entered upon the verdict of a jury. (See 193 App. Div. 948.)
[MAJORITY — Peb Cubiam:]
Peb Cubiam:
This is a motion by the corporation counsel for permission to appeal to the Court of Appeals. This court considered that the evidence of the neglect of the employees of the city to promptly cut off the water, after the break in the main, was amply sufficient to sustain the verdict of the jury, irrespective of any question of negligence that might be chargeable to the city because of the original break. The motion is, therefore, denied. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ. Motion denied.