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Gates v. Associated Warshauer Society for Aged, Inc.

4 A.D.2d 1018 Court N.Y. App. Div. Decision date 1957-12-10 English

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p. 1018
Samuel J. Gates, Respondent, v. Associated Warshauer Society for the Aged, Inc., Appellant.

Judgment unanimously reversed and complaint dismissed. The evidence fails to establish any negligence on the part of the defendant. The complaint should have been dismissed at the close of the plaintiff’s case. We note in passing that the decision of the trial court does not meet the requirements of section 440 of the Civil Practice Act. Settle order. Concur— Peck, P. J., Breitel, Botein, Frank and Valente, JJ.