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HACKER v. CITY OF NEW YORK

25 A.D.2d 35 (1966)

Anna M. Hacker, Respondent, v. City of New York, Appellant, and George W. Hacker, Respondent

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

January 20, 1966.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel), for appellant.

Richard D. Friedman of counsel (Friedman, Friedman & Friedman, attorneys), for Anna M. Hacker, respondent.

BREITEL, VALENTE, McNALLY and STEVENS, JJ., concur.

BOTEIN, P. J.

In this personal injury action against the City of New York and an individual defendant, the parties stipulated that the issue of liability be tried by the court without a jury, in advance of the issue of damages. After the trial the court signed a composite opinion and order, dated May 26, 1965, concluding as follows: "The Court finds that the plaintiff has sustained the burden of proof by a fair preponderance of the credible evidence and...

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