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Matter of Conway v. Crosby

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1947
272 App. Div. 868 (N.Y. App. Div. 1947)

Opinion

June 12, 1947.

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


Order unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that the complainant's evidence was sufficient, as a matter of law, to establish prima facie a case against the defendant. Whether or not the court upon a retrial will adhere to its original decision after hearing the defendant or any witnesses he may choose to call is a matter for the court as the triers of fact to determine.


Summaries of

Matter of Conway v. Crosby

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1947
272 App. Div. 868 (N.Y. App. Div. 1947)
Case details for

Matter of Conway v. Crosby

Case Details

Full title:In the Matter of BLANCHE V. CONWAY, Appellant, against MICHAEL H. CROSBY…

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

Date published: Jun 12, 1947

Citations

272 App. Div. 868 (N.Y. App. Div. 1947)

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