Adams v. Allen , 226 N.Y.S.2d 729 ( 1962 )

Judgment unanimously reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Plaintiff’s proof made out a prima facie case and it was error to dismiss at the close of plaintiff’s case. (Appeal from judgment of Onondaga Trial Term dismissing the complaint on the merits on motion at the end of plaintiff’s ease, in an automobile negligence action.) Present—Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.