Distefano v. Kirby & Kirby, Inc.

267 A.D. 977 Court Hugo Distefano et al., Appellants, v. Kirby & Kirby, Inc., Respondents. Decision date 1944-05-12 English

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p. 977

Hugo Distefano et al., Appellants, v. Kirby & Kirby, Inc., Respondents.

The evidence adduced by plaintiffs established a prima facie case against defendant and precluded dismissal at close of plaintiffs’ case. Judgment reversed and a new trial ordered, with costs to the appellants to abide the event. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Townley and Glennon, JJ., dissent and vote to affirm.