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There were factual issues which should have .been determined after a completed trial and submission to the court. A nonsuit should not have been granted. Judgment and order reversed, on the law and the facts, and a new trial ordered, with costs. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.
Document Info
Citation Numbers: 20 A.D.2d 601, 246 N.Y.S.2d 198, 1963 N.Y. App. Div. LEXIS 2589
Filed Date: 12/27/1963
Precedential Status: Precedential
Modified Date: 10/31/2024