Pace v. D'Angelo — 154 A.D. 923

Majority

p. 923

Giacomo Pace, Appellant, v. Antonio D'Angelo, Respondent.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 10th day of July, 1912, upon the dismissal of the complaint at the close of the plaintiff’s case in an action for negligence.

Plaintiff made out a prima facie case presenting questions of fact. It was error, therefore, to dismiss the complaint at the close of his case. The judgment appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.