Summary
In Middlebrook v. Auletta (15 N.Y.2d 501, decided today) we reversed a dismissal of the complaint below and held that there was a jury question.
Summary of this case from Rucker v. Fifth Avenue Coach Lines, Inc.Opinion
Argued September 28, 1964
Decided October 15, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. GAVAGAN, J.
Benjamin H. Siff and Milton H. Goldstricker for appellant.
Benjamin Eigg and Gustave G. Rosenberg for respondent.
Order reversed and a new trial granted, with costs to abide the event, upon the ground that plaintiff made out a prima facie case of negligence. No opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judges DYE and FULD dissent and vote to affirm.