Citation Numbers: 264 A.D. 714, 34 N.Y.S.2d 830, 1942 N.Y. App. Div. LEXIS 4293
Filed Date: 4/17/1942
Status: Precedential
Modified Date: 10/28/2024
Judgment reversed, with costs to the appellant, and a new trial ordered, on the ground that plaintiff's evidence established a prima fade case raising issues of fact for the jury which should not have been disposed of by the trial court purely as an issue of law. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Martin, P. J., and Glennon, J., dissent and vote to affirm.