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Buzzeo v. Canavan Bros.

138 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1912-12-20 English

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p. 1110
BUZZEO v. CANAVAN BROS. CO.
(Supreme Court, Appellate Division, First Department.
Dec. 20, 1912.)

Headnote

Appeal from Trial Term, New York County. Action for personal injuries by Pasquale Buzzeo against the. Canavan Bros. Company. From a judgment dismissing the complaint at the close of the case, plaintiff appeals. Reversed and new trial ordered. Rosario Maggio, of New York City, for appellant.
William A. Jones, Jr., of New York City (Alden S. Crane, of New York City, of counsel), for respondent.

We think that disputed questions of fact are presented by this record which required submission of the issues to the jury. The dismissal of the complaint, therefore, was error. The judgment appealed from should therefore be reversed, and a new trial ordered, with costs and disbursements to the appellant to abide the event.