Capone v. City of New York

Full title: ANGELO CAPONE, Plaintiff, v. THE CITY OF NEW YORK, Defendant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1918

182 App. Div. 931 (N.Y. App. Div. 1918)

Opinion

February, 1918.

Present — Jenks, P.J., Mills, Rich, Blackmar and Kelly, JJ.

Plaintiff's exceptions overruled and motion for new trial denied, and judgment unanimously directed for defendant dismissing the complaint, with costs, upon the ground that we conclude that the cause of action alleged in the complaint, and stated by plaintiff's counsel in his opening, was for negligence.