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Priola v. Tomasetti

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1968
30 A.D.2d 691 (N.Y. App. Div. 1968)

Opinion

June 17, 1968


Appeal by plaintiff from a judgment of the Supreme Court, Kings County, dated November 10, 1966, upon the trial court's dismissal of the complaint and the third-party complaint at the close of plaintiff's case upon a jury trial. Judgment reversed, on the law, with one bill of costs against respondents Tomasetti and the Brooklyn Union Gas Company jointly, and new trial granted. No questions of fact have been considered. In our opinion, plaintiff's proof raised issues of fact for the jury as to the liability of either or both of the defendants. Hence, it was error to dismiss the complaint at the close of plaintiff's case. Rabin, Acting P.J., Hopkins, Benjamin and Munder, JJ., concur; Martuscello, J., not voting.


Summaries of

Priola v. Tomasetti

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1968
30 A.D.2d 691 (N.Y. App. Div. 1968)
Case details for

Priola v. Tomasetti

Case Details

Full title:EMANUEL PRIOLA, Appellant, v. RALPH TOMASETTI, Doing Business as RALPH…

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

Date published: Jun 17, 1968

Citations

30 A.D.2d 691 (N.Y. App. Div. 1968)