Sanders v. Robinson

Full title: OTIS SANDERS, Appellant, v. HELEN ROBINSON, Respondent

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

Date published: Mar 31, 1966

25 A.D.2d 717 (N.Y. App. Div. 1966)

Opinion

March 31, 1966

Appeal from the Oneida Trial Term.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.

Judgment unanimously reversed on the laws and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: There were factual issues which should have been submitted to the jury. Plaintiff established a prima facie case and it was error to dismiss at the close of plaintiff's case.