Cohen v. Ratner — 159 A.D. 881

Majority

p. 881

First Department,

November, 1913.

Julius Cohen, Appellant, v. Julius Ratner and Others, Respondents.

Headnote

Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 3d day of January, 1913, upon the verdict of a jury, and also from an order entered on the 13th day of January, 1913, denying a motion for a new trial.

At the close of the plaintiff’s case he had made out a prima facie case, and there was no evidence presented by the defendants which established any defense. There should, therefore, have been a direction of a verdict in favor of the plaintiff. The judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.