Pace v. D'Angelo

Plaintiff made out a prima facie case presenting questions of fact. It was error, therefore, to dismiss the complaint at the close of his case. The judgment appealed from should be reversed, and a new trial ordered, with costs to the appellant to abide the event. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.