Loeb v. Chatham Garage, Inc.

218 A.D. 863 Court N.Y. App. Div. English

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Majority

p. 863

Walter Loeb, Milton Lichtenstein and Julius J. Popper, Appellants, v. Chatham Garage, Inc., Respondent.

Judgment reversed upon the law, and new trial granted, with costs to appellants to abide the event. We think that at the close of plaintiffs’ case there was sufficient evidence to call upon defendant for its proof. Kelly, P. J., Kapper and Lazansky, JJ., concur; Manning and Young, JJ., dissent, and vote to affirm.