Smyth v. Convey's Garage, Inc.

Full title: FRANCIS SMYTH, Appellant, v. CONVEY'S GARAGE, INC., Respondent

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

Date published: Jun 27, 1945

269 App. Div. 839 (N.Y. App. Div. 1945)

Opinion

June 27, 1945.

Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.;

Giving plaintiff, as we must, the benefit of the most favorable inferences that may be drawn from the proof, we find that a prima facie case was established, and it was error to grant the motion for nonsuit. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P.J. and Glennon, J., dissent: On the entire record, the Justice at trial term properly dismissed the complaint.