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Middlebrook v. Auletta

Court of Appeals of the State of New York
Oct 15, 1964
202 N.E.2d 557 (N.Y. 1964)

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.


Summaries of

Middlebrook v. Auletta

Court of Appeals of the State of New York
Oct 15, 1964
202 N.E.2d 557 (N.Y. 1964)

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.
Case details for

Middlebrook v. Auletta

Case Details

Full title:GEORGE L. MIDDLEBROOK, Appellant, v. THOMAS AULETTA, Defendant, and…

Court:Court of Appeals of the State of New York

Date published: Oct 15, 1964

Citations

202 N.E.2d 557 (N.Y. 1964)
202 N.E.2d 557
254 N.Y.S.2d 111

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