Opinion
December 22, 1947.
Present — Peck, P.J., Dore, Cohn, Callahan and Shientag, JJ.
The proof adduced was sufficient to make out a prima facie case of breach of the contract relied on by plaintiff. The motion to dismiss at the close of plaintiff's case should not have been granted. Judgment dismissing the complaint unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.