Condon v. Aaron Buschbaum Co. — 155 N.Y.S. 1099

Majority

p. 1099

CONDON, Appellant, v. AARON BUSCHBAUM CO., Respondent.

(Supreme Court, Appellate Division, First Department.

November 26, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Mary Condon against the Aaron Buschbaum Company. From a judgment dismissing the complaint, after a trial at the Trial Term, plaintilf appeals. Reversed, and new trial ordered. Henry W. Bridges, of New York City, for appellant. Barent L. Visscher, of New York City (Barnetht Cohen, of New York City, on the brief), for respondent.

We think a question of fact was presented by the evidence, which should have been sent to the jury. The dismissal of the complaint was therefore error, and the judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. Order filed.

INGRAHAM, P. J., dissents.