Tenpas v. Rarick

Full title: WILLIAM TENPAS, Appellant, v. DONALD RARICK, Respondent

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

Date published: Jun 25, 1970

34 A.D.2d 1086 (N.Y. App. Div. 1970)

Opinion

June 25, 1970

Appeal from the Chautauqua County Court.

Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The evidence adduced by the plaintiff established a prima facie case and properly presented questions of fact for the jury. The court was in error in dismissing plaintiff's complaint at the close of the plaintiff's case.