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Bershad v. Kamber

158 N.Y.S. 1108 Court N.Y. App. Term Decision date 1916-04-11 English

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p. 1108
Laurence J. BERSHAD and Morris E. Gossett, Appellants, v. Bernard KAMBER, Respondent.
(Supreme Court, Appellate Term, First Department.
April 11, 1916.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Laurence J. Bershad and Morris E. Gossett against Bernard Ka.mber. From a judgment for defendant dismissing the complaint upon the opening to the jury of plaintiffs’ counsel, plaintiffs appeal. Judgment reversed, and new trial ordered.

An examination of the complaint herein shows that a good cause of action was stated therein and there was nothing in the opening of plaintiffs’ counsel to the jury which in any way destroyed or impaired the sufficiency of the complaint. Judgment reversed, and new trial ordered, with $30 costs to appellant to abide the event.