Buzzeo v. Canavan Brothers Company

Full title: PASQUALE BUZZEO, Appellant, v . CANAVAN BROTHERS COMPANY, Respondent

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

Date published: Dec 1, 1912

154 App. Div. 881 (N.Y. App. Div. 1912)

Opinion

December, 1912.

Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ.

PER CURIAM:

We think that disputed questions of fact are presented by this record which required submission of the issues to the jury. The dismissal of the complaint, therefore, was error. The judgment appealed from should, therefore, be reversed and a new trial ordered, with costs and disbursements to the appellant to abide the event.

PER CURIAM:

Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.