Charytz v. Kasinski

282 A.D. 891 | N.Y. App. Div. | 1953

In an action in ejectment, plaintiff appeals from a judgment in favor of the defendant Kasinski, dismissing the complaint on the opening of his counsel. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion, on the record presented, it was error to dismiss the complaint. (Bunkel V. City of New York, 282 App. Div. 173; Hoffman House v. Foote, 172 H. Y. 348.) Holán, P. J., Adel, Wenzel, MacCrate and Beldock, JJ., concur.