Ryan v. City of New York

Full title: JULIA D. RYAN, Appellant, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: Jul 8, 1959

6 N.Y.2d 896 (N.Y. 1959)

190 N.Y.S.2d 705

160 N.E.2d 924

Opinion

Argued May 21, 1959

Decided July 8, 1959

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ROCCO A. PARELLA, J.

Philip J. O'Brien and John G. Coleman for appellant.

Charles H. Tenney, Corporation Counsel ( John A. Murray and Seymour B. Quel of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Chief Judge CONWAY dissents and votes to reverse and to order a new trial upon the ground that plaintiff clearly established a prima facie case and the jury found the facts in her favor ( Kye v. Murray, 293 N.Y. 897). It was, therefore, not within the competency of the Appellate Division under our Constitution to find the facts to the contrary and to dismiss the complaint. Taking no part: Judge BURKE.