Distefano v. Kirby Kirby, Inc.

Full title: HUGO DISTEFANO et al., Appellants, v. KIRBY KIRBY, INC., Respondents

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

Date published: May 12, 1944

267 App. Div. 977 (N.Y. App. Div. 1944)

Opinion

May 12, 1944.

Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.; Townley and Glennon, JJ., dissent and vote to affirm.

The evidence adduced by plaintiffs established a prima facie case against defendant and precluded dismissal at close of plaintiffs' case. Judgment reversed and a new trial ordered, with costs to the appellants to abide the event.