Schweitzer v. Mindlin

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.