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Zellman v. Berlin

251 A.D. 821 Court N.Y. App. Div. Decision date 1937-06-22 English

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p. 821
Gertrude Zellman and Samuel Zellman, Appellants, v. Harry Berlin, Respondent.

Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event, on the ground that a prima facie case was established by the plaintiffs. It was error, therefore, to dismiss the complaint at the end of the plaintiffs’ case. Present — Martin. P. J., Untermyer, Dore, Cohn and Callahan, JJ.