Shapiro v. Rosenthal — 156 N.Y.S. 1145

Majority

p. 1145

SHAPIRO v. ROSENTHAL.

(No. 8126.)

(Supreme Court, Appellate Division, First Department.

December 24, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Joseph Shapiro against Benjamin Rosenthal. From a judgment dismissing the complaint at the close of plaintiff’s case on a trial, plaintiff appeals. Reversed, and new trial ordered.

We think upon this evidence the¡ court was required to submit the question as to the defendant’s liability to the jury. The judgment is therefore reversed and a new trial ordered, with costs to appellant to abide the event. Order filed.

Ingraham, P. J., and Dowling, J., dissenting and voting to affirm.