Appellate Division of the Supreme Court of New York, 1931

Burns v. Ettinger Security Construction Co.

Burns v. Ettinger Security Construction Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1931
234 A.D. 887
Burns v. Ettinger Security Construction Co.

Opinion of the Court

Judgment reversed upon the law and a new trial granted, costs to the appellant to abide the event. In our opinion, the plaintiff made a prima facie ease which required the submission of the questions of fact to the jury. (See Hannon v. City of New York, 232 App. Div. 830; Bourg v. General Outdoor Advertising Co., Id. 601; Anderson v. McNulty Brothers, 149 id. 735.) Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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