Sampson v. Davis

Appellate Division of the Supreme Court of New York

Sampson v. Davis

4 A.D.2d 1019, 169 N.Y.S.2d 417, 1957 N.Y. App. Div. LEXIS 3661

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 10, 1957

StatusPublished

This text of 4 A.D.2d 1019 (Sampson v. Davis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sampson v. Davis, 4 A.D.2d 1019, 169 N.Y.S.2d 417, 1957 N.Y. App. Div. LEXIS 3661 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment unanimously reversed upon the law and upon the facts, and a new trial ordered, with costs to the appellant to abide the event. The judgment entered herein upon a dismissal of the complaint at the close of the plaintiff’s case must be reversed and a new trial ordered. While it may be that if the allegations contained in the affirmative defenses are established that a judgment for the defendant would necessarily follow, we cannot make that assumption in the absence of such proof. Upon the record before us, there was sufficient proof to require [1020]*1020a denial of the motion to dismiss. Concur—Botein, J. P., Rabin, Frank, Valente and McNally, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously reversed upon the law and upon the facts, and a new trial ordered, with costs to the appellant to abide the event. The judgment entered herein upon a dismissal of the complaint at the close of the plaintiff’s case must be reversed and a new trial ordered. While it may be that if the allegations contained in the affirmative defenses are established that a judgment for the defendant would necessarily follow, we cannot make that assumption in the absence of such proof. Upon the record before us, there was sufficient proof to require [1020]*1020a denial of the motion to dismiss. Concur—Botein, J. P., Rabin, Frank, Valente and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

4 A.D.2d 1019, 169 N.Y.S.2d 417, 1957 N.Y. App. Div. LEXIS 3661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-davis-nyappdiv-1957.