Sullivan v. Brooklyn & Queens Transit Corp.

From a judgment in favor of the plaintiff in an action for personal injuries tried before the court, a jury having been waived, the defendant appeals. Judgment reversed on the facts and a new trial granted, costs to abide the event. In our opinion the conclusion reached by the trial court is against the weight of the credible evidence. Carswell, Taylor and Close, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote to affirm.