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Condon v. Aaron Buchsbaum Co.

171 A.D. 899 Court N.Y. App. Div. English

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p. 899
Mary Condon, Appellant, v. Aaron Buchsbaum Company, Respondent.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 14th day of January, 1915, dismissing the complaint after a trial at Trial Term.

We think a question of fact was presented by the evidence which should have been sent to the jury. The dismissal of the complaint was, therefore, error, and the judgment 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 Dowling, JJ.; Ingraham, P. J., dissented. Judgment reversed, new trial ordered, costs to appellant to abide event.