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Nicolli v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1966
25 A.D.2d 521 (N.Y. App. Div. 1966)

Opinion

February 24, 1966


Judgment unanimously reversed on the law and on the facts and new trial granted, with $50 costs to appellant to abide the event. The complaint was improperly dismissed at the close of plaintiff's case "for lack of proof sufficient in the law." Such proof, inconclusive as it may have been, was adequate to survive defendants' motion that they were entitled to judgment as a matter of law (CPLR 4401). (Cf. McCarthy v. City of New York, 96 N.Y.S.2d 910, affd. 273 App. Div. 945.)

Concur — Botein, P.J., McNally, Stevens and Bastow, JJ.


Summaries of

Nicolli v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 24, 1966
25 A.D.2d 521 (N.Y. App. Div. 1966)
Case details for

Nicolli v. City of New York

Case Details

Full title:PETER D. NICOLLI, as Administrator of the Estate of JAMES NICOLLI…

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

Date published: Feb 24, 1966

Citations

25 A.D.2d 521 (N.Y. App. Div. 1966)