Pace v. D'Angelo

Full title: GIACOMO PACE, Appellant, v . ANTONIO D'ANGELO, Respondent

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

Date published: Jan 1, 1913

154 App. Div. 923 (N.Y. App. Div. 1913)

Opinion

January, 1913.

Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.

PER CURIAM:

Plaintiff made out a prima facie case presenting questions of fact. It was error, therefore, to dismiss the complaint at the close of his case. The judgment appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

PER CURIAM:

Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.