Appellate Division of the Supreme Court of New York, 1957

Hogan v. Chess Service Co.

Hogan v. Chess Service Co.
Appellate Division of the Supreme Court of New York · Decided May 28, 1957
3 A.D.2d 909; 162 N.Y.S.2d 948; 1957 N.Y. App. Div. LEXIS 5290
Hogan v. Chess Service Co.

Opinion of the Court

Judgment in favor of plaintiff, after nonjury trial, unanimously reversed and a new trial ordered, with costs of this appeal to abide the event. Plaintiff failed to make out a prima facie ease of defendants’ negligence, but we are not satisfied that he is not entitled to a better presentation, especially if an examination before trial of defendant should be first obtained. Accordingly, in the interests of justice there should be a new trial. In the light of this disposition no view is expressed with respect to the adequacy or inadequacy of the award. Concur ■—Breitel, J. P., Rabin, Frank, Yalente and McNally, JJ.

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