WOODSON v. N. Y. C. HOUS. AUTH.


11 A.D.2d 329 (1960)

James Woodson, Respondent, v. New York City Housing Authority, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 1960.


Attorney(s) appearing for the Case

Alexander R. Rosenthal of counsel (Irving Segal, attorney), for appellant.

James L. R. Costello for respondent.

RABIN, J. P., VALENTE, McNALLY and EAGER, JJ., concur in decision; STEVENS, J., dissents in opinion.


MEMORANDUM BY THE COURT.

Judgment reversed on the law and a new trial ordered, with costs to abide the event. Whether or not plaintiff was wrongfully assaulted and whether or not he was falsely arrested and imprisoned should not have been determined by the trial court as a matter of law. Under the circumstances here there were involved questions of fact which should have been submitted to the jury. The mere fact that a defendant...

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