Rosenthal v. New York Railways Corp.

Appellate Division of the Supreme Court of New York

Rosenthal v. New York Railways Corp.

253 A.D. 204, 1 N.Y.S.2d 876, 1938 N.Y. App. Div. LEXIS 8398

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 1938·Published

Opinion

Per Curiam.

The trial court should not have dismissed the complaint during the presentation of the plaintiff’s case. The plaintiff’s credibility was for the consideration of the jury.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Dore and -, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

The trial court should not have dismissed the complaint during the presentation of the plaintiff’s case. The plaintiff’s credibility was for the consideration of the jury.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Dore and -, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Rosenthal v. New York Railways Corp., 253 A.D. 204, 1 N.Y.S.2d 876, 1938 N.Y. App. Div. LEXIS 8398 (N.Y. Ct. App. 1938).

Pincite

253 A.D. 204 (Rosenthal v. New York Railways Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.