Fleming v. George Sickles Realty Corp.

Full title: EMMA FLEMING et al., Appellants, v. GEORGE SICKLES REALTY CORP., Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 29, 1948

273 App. Div. 892 (N.Y. App. Div. 1948)

Opinion

March 29, 1948.

Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.

Plaintiffs' proof established a prima facie case and it was error for the trial court to dismiss at the close of plaintiffs' case. Judgment dismissing the complaint unanimously reversed and a new trial ordered, with costs to abide the event.