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Goldstein v. Kaminsky

126 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1911-01-05 English

Delivered by BRADX, J.

Contents

Majority

p. 1130
GOLDSTEIN v. KAMINSKY.
(Supreme Court, Appellate Term.
January 5, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Samuel Goldstein against Abraham Kaminsky. Judgment of dismissal, and plaintiff appeals. Reversed, and new trial ordered.
Isidore Klatz-j kie, for appellant. . ■ • /

This action was brought fori conversion of a trunk and personal wearing apj' parel, etc, belonging to plaintiff. On close of. plaintiff’s evidence the complaint was dismissed. The testimony offered by plaintiff was sufficient to prove a prima facie case, and the complaint should not have been dismissed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.