Mary Faber, as Administratrix of the Estate of Rudolph Faber, Deceased, Appellant v. the City of New York, Respondent

Summary

The Court of Appeals held that the Appellate Division's dismissal of the complaint after reversing the trial judgment on factual grounds raises a question of law reviewable by this court, and that, assuming the plaintiff's evidence as true, the facts were sufficient to constitute a cause of action, requiring reversal of the dismissal and a new trial.