Vega v. Adolph Roth, Inc.

Full title: LUISA VEGA, Appellant, v. ADOLPH ROTH, INC., Respondent

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

Date published: Oct 19, 1961

14 A.D.2d 751 (N.Y. App. Div. 1961)

Opinion

October 19, 1961

Judgment dismissing the complaint at the close of plaintiff's case, unanimously reversed, on the law and on the facts, and a new trial granted, with costs to abide the event. Implicit in our remand for a new trial on the prior appeal ( 11 A.D.2d 667) was a holding that the plaintiff had made out a prima facie case. This record presents substantially the same evidence on liability. ( Politi v. Irvmar Realty Corp., 13 A.D.2d 469; Talevi v. Metropolitan Life Ins. Co., 10 A.D.2d 839.)

Concur — Valente, J.P., McNally, Stevens, Eager and Steuer, JJ.