O'Leary v. Dan

Full title: JOHN J. O'LEARY, Appellant, v. LORING DAN and Others, Respondents

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

Date published: May 1, 1936

248 App. Div. 644 (N.Y. App. Div. 1936)

Opinion

May, 1936.

Plaintiff's complaint was dismissed at the close of his evidence. There was a question of fact to be submitted to the jury. (Same facts in a previous appeal from an order denying plaintiff's motion for a summary judgment, 240 App. Div. 801.) Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event. Hill, P.J., McNamee and Bliss, JJ., concur; Crapser and Heffernan, JJ., dissent.