Distefano v. Kirby & Kirby, Inc.

267 A.D. 977 | N.Y. App. Div. | 1944

The evidence adduced by plaintiffs established a prima facie case against defendant and precluded dismissal at close of plaintiffs’ case. Judgment reversed and a new trial ordered, with costs to the appellants to abide the event. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Townley and Glennon, JJ., dissent and vote to affirm.