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Robinson v. Oakland

32 A.D.2d 1048 Court N.Y. App. Div. Decision date 1969-07-21 English

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p. 1048
Philip Robinson et al., Appellants, v. Wallace G. Oakland, Jr., et al., Respondents.

Judgment of the Supreme Court, Nassau County, entered August 16, 1968, affirmed, with one bill of costs jointly to respondents filing separate briefs. No opinion. Rabin, Acting P. J., Hopkins and Martuseello, JJ., concur; Benjamin and Kleinfeld, JJ., dissent and vote to reverse the judgment and grant a new trial, with the following memorandum: In our opinion, plaintiffs’ proof made out a prima facie ease and it therefore was error to dismiss the complaint at the close of their proof.