Schweitzer v. Mindlin

Court: New York Court of Appeals
Date filed: 1928-05-11
Citations: 248 N.Y. 560
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Lead Opinion

Order of Appellate Division and that of Special Term reversed and defendant's motion for judgment granted, with costs in all courts. Question certified answered in *Page 561 the negative. Held, that the complaint does not state facts sufficient to constitute a cause of action in that it fails to state any facts from which an inference of negligence is possible.

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