W. E. Blume, Inc. v. City of New York
241 A.D. 722 | N.Y. App. Div. | 1934
Determination modified by granting a new trial, and as so modified affirmed, with costs to the appellant in this court to abide the event, on the ground that it was error to direct judgment for the defendant when plaintiff had no opportunity to offer evidence in rebuttal of the testimony in support of the allegations pleaded as defenses and counterclaims in the answer. Present — Finch, P. J., Merrell, Townley and Glennon, JJ.