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subdivisions of the complaint therein designated
SECOND: Denies upon information and belief the allegations contained in the paragraph or subdivision of the complaint therein designated Sixth, except denies any knowledge or information thereof sufficient to form a belief as to alleged injuries and as to alleged amount of damages.
FURTHER ANSWERING THE COMPLAINT THE DE
FENDANT ALLEGES :
THIRD: Upon information and belief that the automobile of the defendant mentioned in the complaint was operated and controlled in compliance with the Municipal Ordinances of the City of New York and the Motor Vehicle Laws of the State of New York.
WHEREFORE, defendant demands judgment that the complaint herein be dismissed together with the costs and disbursements of this action.
Plaintiff, for his Bill of Particulars, by JoSEPH F. RUGGIERI, his attorney, alleges:
1. Front part.
2. The defendant was traveling in a southerly direction on Third Avenue. The accident happened at or near the intersection of the northwest corner of 14th Street and Third Avenue, in the Borough of Manhattan, City of New York.
3. The plaintiff will claim the defendant was negligent in the operation and control of his automobile in operating same at a careless and negligent manner, in driving same at a fast and unlawful rate of speed under the circumstances, in not having said automobile under proper control, in not sounding any warning of its approach, and in violation of an ordinance of the City of New York granting pedestrians crossing at street intersections the right of way over vehicles.
4. The plaintiff sustained the following injuries: An irregular fracture of the scapula
Plaintiff's Bill of Particulars.
running across its body at the level of the in-
5. Plaintiff was confined to his bed for a
6. Plaintiff was a bricklayer's helper, a member of a local union, making a daily wage of $9.50; the plaintiff's approximate annual income being around $2400. Plaintiff claims that he has lost in wages as a result of this accident approximately $7000.
JOSEPH F. RUGGIERI,
Attorney for Plaintiff,
50 Court Street,
City of New York.
New York City.
(Verified October 7, 1930.)
Extract from Clerk's Minutes.
At a Trial Term of the Supreme Court
of the State of New York held in
CHARLES S. BONANNO.
This cause having been called for trial in its order on the calendar, and twelve trial jurors having been duly drawn, empanelled and sworn to try the same, the jury come into court and say that they find a verdict for the plaintiff for the sum of $5,000.00.
Defendant's counsel moves to set aside the verdict as against the evidence, the weight of the evidence and on all the grounds stated in Section 549 of the Civil Practice Act, except as to inadequacy.
June 12, 1931—Motion to set aside the verdict granted.
June 13, 1931-May, J.-Order signed granting defendant's motion to set the verdict aside.
An extract from the minutes.
JOHN N. HARMAN,
Order Setting Aside Verdict and Granting
New Trial, Appealed From.
At a Trial Term, Part V of the Su
preme Court of the State of New
32 The above-entitled action having duly come on for trial before Mr. Justice MITCHELL May and a jury at Trial Term, Part V of the Supreme Court, Kings County, on the 5th, 8th and 9th days of June, 1931, the issues having been tried and the plaintiff having appeared by Joseph F. Ruggieri, his attorney, and the defendant, Charles S. Bonanno, having appeared by William A. Earl, his attorney, John P. Carson, of counsel, and the jury having determined in favor of the plaintiff and against the defendant, Charles S. Bonanno, in the sum of $5,000, and the defendant, Charles S. Bonanno, having duly moved to set aside the verdict and for a new trial, on all the grounds specified in Section 549 of the Civil Practice Act 33 excepting the grounds of inadequacy of damages, and after hearing the respective counsel with respect to said motion on June 12th, 1931, and after due deliberation thereon, it is
ORDERED that the said motion of said defendant, Charles S. Bonanno, made after the rendition of the verdict to set the same aside and for a new trial, be and the same hereby is granted