Lynes v. Debenedictus — 303 N.Y. 772

Majority

p. 772

Dorothy C. Lynes, Appellant, v. Salvatore Debenedictus, Respondent.

Argued January 7, 1952;

decided January 17, 1952.

p. 773

John J. Scully and James H. Hyer for appellant.

Andrew J. Cook and Abraham Streifer for respondent.

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact which were proper for submission to the jury. No opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ.