SIMS v. BERGAMO


3 N.Y.2d 531 (1957)

Fern Sims, Appellant, v. James Bergamo, Respondent.

Court of Appeals of the State of New York.

Decided December 5, 1957.


Attorney(s) appearing for the Case

Benjamin H. Siff for appellant.

Walter C. Whelan for respondent.

Chief Judge CONWAY and Judges DYE and FULD concur with Judge BURKE; Judge FROESSEL dissents in an opinion in which Judges DESMOND and VAN VOORHIS concur.


BURKE, J.

A jury awarded plaintiff a verdict against defendant, the proprietor of a bar and grill, for an assault committed by defendant's bartender. Upon appeal by defendant the Appellate Division, having affirmed the facts, reversed the judgment entered on the jury verdict and directed the dismissal of the complaint "upon the law alone" on the ground that the evidence adduced failed to establish the fact or...

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