Scalise v. City of New York
| Decision Date | 21 November 1957 |
| Citation | 3 N.Y.2d 951,169 N.Y.S.2d 26,146 N.E.2d 786 |
| Parties | , 146 N.E.2d 786 Martin SCALISE, Incompetent, by Angie D'Ambrosio, his Guardian ad Litem, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 2 A.D.2d 984, 157 N.Y.S.2d 620.
Action was brought for injuries sustained by incompetent as result of alleged negligence of conductor of subway train of the City of New York in failing to prevent an assault. The lower court, Louis L. Friedman, J., entered judgment for plaintiff, and defendant appealed.
The Appellate Division reversed the judgment on the law and the facts, dismissed the complaint, and held that evidence of conductor's alleged negligence was insufficient for jury.
The plaintiff appealed to the Court of Appeals and motion was made in the Court of Appeals for leave to prosecute appeal as a poor person and for assignment of counsel.
The Court of Appeals, 2 N.Y.2d 978, 162 N.Y.S.2d 616, granted motion for leave to prosecute appeal as a poor person and for assignment of counsel.
The plaintiff contended on appeal to the Court of Appeals that jury properly found on sufficient evidence that defendant's conductor should have foreseen that an assault would occur, and that the Appellate Division overlooked vital evidence when it dismissed the complaint.
Herman E. Hoberman, Brooklyn (Samuel J. Sussman, Brooklyn, and Bernard Meyerson, Brooklyn, on the brief), for plaintiff-appellant.
Peter Campbell Brown, Corporation Counsel, New York City (Seymour B. Quel, New York City, and Eugene J. Keefe, New York City, of counsel), for defendant-respondent.
Judgment affirmed.
All concur.
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