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Appellate Division of the Supreme Court of New York, 1938

Rosenthal v. New York Railways Corp.

Rosenthal v. New York Railways Corp.
Appellate Division of the Supreme Court of New York · Decided January 28, 1938
253 A.D. 204; 1 N.Y.S.2d 876; 1938 N.Y. App. Div. LEXIS 8398

Counsel

Francis R. Stoddard of counsel [Thomas J. Brennan and August J. Hovorka, Jr., with him on the brief; Hurd, Hamlin & Hubbell, attorneys], for the appellant., Henry J. Smith, for the respondent.

Rosenthal v. New York Railways Corp.

Opinion of the Court

Per Curiam.

The trial court should not have dismissed the complaint during the presentation of the plaintiff’s case. The plaintiff’s credibility was for the consideration of the jury.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Dore and -, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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