Lefkowitz v. City of New York

PER CURIAM. Plaintiff was injured by being suddenly struck down by a horse and cart of the street cleaning department. Defendant offered no evidence. The jury found for defendant. Plaintiff appeals. The trial court properly refused to dismiss the complaint. Therefore plaintiff was entitled to some amount of damages. See Meyers v. N. Y. City Ry. Co., 53 Misc. Rep. 650, 101 N. Y. Supp. 750. Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.