Nicolli v. City of New York

Appellate Division of the Supreme Court of New York

Nicolli v. City of New York

25 A.D.2d 521, 268 N.Y.S.2d 965, 1966 N.Y. App. Div. LEXIS 4869

Appellate Division of the Supreme Court of the State of New York·Decided February 24, 1966·Published

Opinion

Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event. The complaint was improperly dismissed at the close of plaintiff’s case “ for lack of proof sufficient in the law.” Such proof, inconclusive as it may have been, was adequate to survive defendants’ motion that they were entitled to judgment as a matter of law (CBLR 4401). (Cf. McCarthy v. City of New York, 96 N. Y. S. 2d 910, affd. 273 App. Div. 945.)

Concur — Botein, P. J., McNally, Stevens and Bastow, JJ.

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Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event. The complaint was improperly dismissed at the close of plaintiff’s case “ for lack of proof sufficient in the law.” Such proof, inconclusive as it may have been, was adequate to survive defendants’ motion that they were entitled to judgment as a matter of law (CBLR 4401). (Cf. McCarthy v. City of New York, 96 N. Y. S. 2d 910, affd. 273 App. Div. 945.)

Concur — Botein, P. J., McNally, Stevens and Bastow, JJ.

Nicolli v. City of New York, 25 A.D.2d 521, 268 N.Y.S.2d 965, 1966 N.Y. App. Div. LEXIS 4869 (N.Y. Ct. App. 1966).

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Opinion

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