Carmeniti v. Brady & Gioe, Inc.

Judgment reversed upon the law and the facts, with costs, and a new trial granted, with costs to abide the event. The plaintiff made out a prima facie case calling for testimony to rebut on the part of the defendant, and it was error for the court to dismiss the complaint, since it was a question of fact which should have been submitted to the jury. Kelly, P. J., Rich, Manning, Young and Kapper, JJ., concur.