Queeney v. Willi

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1916

Appellate Division of the Supreme Court of the State of New York · decided 1916-03-03

Separate appeals by the defendant, George Willi, Jr., in each case from two judgments of the Supreme Court in favor of the respective plaintiffs, entered in the office of the clerk of the county of New York on the 8th and 9th days of July, 1915, respectively, and also from two orders entered in said clerk’s office on the 12th day of July, 1915, denying defendant’s motion for a new trial in each case made upon the minutes.

Decided 1916-03-03

Dowling, J. (dissenting in part):

¶1I dissent from the dismissal of the complaints herein and from the reversal of the finding that the defendant was guilty of negligence. I believe, however, that the judgments appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event, on the ground that reversible error was committed in allowing proof of the damage sustained by *592Mary Queeney by reason of the fall upon her of part of the ceiling, such damage not being within the allegations of the complaints.

¶2Judgments reversed, with costs, and complaints dismissed, with costs.