Ornstein v. Goldberg

Full title: MAX ORNSTEIN, Appellant, v. ESTELLE GOLDBERG and LENA GOLDBERG, Respondents

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

Date published: Jan 1, 1934

241 App. Div. 607 (N.Y. App. Div. 1934)

Opinion

January, 1934.

Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The plaintiff's evidence was sufficient to establish a prima facie case. The questions of probable cause and malice were both for the jury. Lazansky, P.J., Young, Kapper, Carswell and Davis, JJ., concur.