Zellman v. Berlin

251 A.D. 821, 298 N.Y.S. 191, 1937 N.Y. App. Div. LEXIS 7817

Opinion

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that a prima facie case was established by the plaintiffs. It was error, therefore, to dismiss the complaint at the end of the plaintiffs’ case. Present — Martin. P. J., Untermyer, Dore, Cohn and Callahan, JJ.