Opinion
April 5, 1971
In a negligence action to recover damages for personal injuries, loss of services, etc., plaintiffs appeal from a judgment of Supreme Court, Kings County, entered November 30, 1967, in favor of defendant upon the trial court's dismissal of the complaint at the close of plaintiffs' case on the issue of liability upon a jury trial. Judgment affirmed, with costs. No opinion. Latham, J., Christ, Brennan and Benjamin, JJ., concur. Martuscello, Acting P.J., dissents and votes to reverse the judgment and grant a new trial, on the ground that plaintiffs made out a prima facie case on the issue of liability sufficient to require submission of the issue to the jury.