O'Leary v. Dan

Plaintiff’s complaint was dismissed at the close of his evidence. There was a question, of fact to be submitted to the jury. (Same facts in a previous appeal from an order denying plaintiff’s motion for a summary judgment, 240 App. Div. 801.) Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event. Hill, P. J., McNamee and Bliss, JJ., concur; Crapser and Heffernan, JJ., dissent.