Torts · MBE-tested
Rudolph Bacilieri, an Infant, under the Age of 14 Years, by Ralph Bacilieri, His Guardian ad Litem, and Ralph Bacilieri, Respondents, v. City of New York, Appellant
258 A.D. 951·New York Supreme Court, Appellate Division·1940·NY
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Opinion
Rudolph Bacilieri, an Infant, under the Age of 14 Years, by Ralph Bacilieri, His Guardian ad Litem, and Ralph Bacilieri, Respondents, v. City of New York, Appellant.
[MAJORITY]
Judgment affirmed, with costs. No opinion. Present — O’Malley, Glennon, Untermyer, Dore and Callahan, JJ.; Glennon, J., dissents and votes to reverse and dismiss the complaint on the ground that no negligence was shown on the part of the defendant; Dore, J., dissents and votes to reverse and grant a new trial on the ground that the verdict was against the weight of the credible evidence.