Benjamin v. Potruch ( 1931 )

Judgment reversed upon the law and the facts and new trial granted, with costs to the appellant to abide the event. Findings of fact 2, 3, 4, 5, 7, 8, 10, 11, 12, 13 and 14 are reversed as well as conclusions of law 1, 2 and 3. In our opinion, the plaintiff made out a prima fade case, and the court erred in dismissing the complaint at the end of plaintiff’s case. Lazansky, P. J., Young, Kapper, Seudder and Davis, JJ., concur.