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RYAN v. CITY OF NEW YORK

6 N.Y.2d 896 (1959)

Julia D. Ryan, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

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.

Concur: Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Dissent: Chief Judge CONWAY.

Judgment affirmed, with costs; no opinion.

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...

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