Olivero v. Damascus

17 A.D.2d 941 Court N.Y. App. Div. Decision date 1962-11-27 English

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p. 941

Helen Olivero, as Administratrix of the Estate of Ismael Olivero, Deceased, Appellant, v. Leonidas Damascus et al., Individually and as Co-partners Doing Business under the Name of Admiral Hotel, Respondents.

Judgment dismissing the complaint affirmed, with costs to respondents. Concur — Rabin, McNally, Eager and Bcrgan, JJ.; Breitel, J. P. dissents and votes to reverse and grant a new trial on the ground that a prima facie case was made out.