Winarsky v. Perlmutter

250 A.D. 845, 296 N.Y.S. 671, 1937 N.Y. App. Div. LEXIS 9319

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The dismissal of the complaint at the close of plaintiff's case was erroneous as plaintiff upon the uncontradicted testimony of her witnesses established a prima facie case for equitable relief. Present ■ — ■ Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.