O'Donnell v. City of New York

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1951-04-03
Citations: 278 A.D. 752, 1951 N.Y. App. Div. LEXIS 4588, 103 N.Y.S.2d 1015
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Lead Opinion

Judgment affirmed, with costs. No opinion. Present — Peek, P. J., Cohn, Van Voorhis, Shientag and Heffernan, JJ.; Van Voorhis, J., dissents and votes to reverse and order a new trial upon the ground that it is physically impossible for the accident to have occurred in the manner in which plaintiff testified and that the verdict is clearly contrary to the weight of the evidence.