Hyperlawhypertext legal database Commissioners of the State Insurance v. Traube Motor Express, Inc. 18 A.D.2d 960

← Cases

Commissioners of the State Insurance v. Traube Motor Express, Inc.

18 A.D.2d 960 Court N.Y. App. Div. Decision date 1963-02-21 English

Contents

Majority

p. 960
Commissioners of the State Insurance Fund, Appellants, v. Traube Motor Express, Inc., et al., Respondents.

Judgment unanimously reversed on the law and a new trial granted, with costs to the appellants to abide the event. Memorandum: Plaintiffs’ proof made but a prima facie case and it was error, therefore, to dismiss the complaint at the close of plaintiffs’ case. (Appeal

p. 961
from judgment of Oswego Trial Term dismissing the complaint on the merits at the close of plaintiffs’ case, in an automobile negligence action.) Present — Williams, P. J., Bastow, Ilalpern, MeClusky and Henry, JJ.