Majority
p. 891Nicholas Charytz, Appellant, v. Frances Kasinski, Defendant and Third-Party Plaintiff-Respondent. Bronislaw Rogowski et al., Third-Party Defendants and Third-Party Plaintiffs-Respondents; Eden Avenue Development
p. 892Corporation, Third-Party Defendant-Respondent.—
In an action in ejectment, plaintiff appeals from a judgment in favor of the defendant Kasinski, dismissing the complaint on the opening of his counsel. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion, on the record presented, it was error to dismiss the complaint. (Bunkel V. City of New York, 282 App. Div. 173 ; Hoffman House v. Foote, 172 H. Y. 348.) Holán, P. J., Adel, Wenzel, MacCrate and Beldock, JJ., concur.