Saga Restaurant Corp. v. National Comfort Control Corp.

Appellate Division of the Supreme Court of New York

Saga Restaurant Corp. v. National Comfort Control Corp.

54 A.D.2d 711, 387 N.Y.S.2d 457, 1976 N.Y. App. Div. LEXIS 14301

Appellate Division of the Supreme Court of the State of New York·Decided October 12, 1976·Published

Opinion

In an action to recover for damage to property, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered April 7, 1975, which is in favor of defendants and against it, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact findings were presented for review. Plaintiff is entitled to the benefit of every favorable inference which could reasonably be drawn from the facts to sustain the complaint. On the facts herein, a prima facie case was established. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

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In an action to recover for damage to property, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered April 7, 1975, which is in favor of defendants and against it, upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case, at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact findings were presented for review. Plaintiff is entitled to the benefit of every favorable inference which could reasonably be drawn from the facts to sustain the complaint. On the facts herein, a prima facie case was established. Cohalan, Acting P. J., Margett, Damiani, Shapiro and Titone, JJ., concur.

Saga Restaurant Corp. v. National Comfort Control Corp., 54 A.D.2d 711, 387 N.Y.S.2d 457, 1976 N.Y. App. Div. LEXIS 14301 (N.Y. Ct. App. 1976).

Pincite

54 A.D.2d 711 (Saga Restaurant Corp. v. National Comfort Control Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.