Hogan v. Chess Service Co.
Hogan v. Chess Service Co.
3 A.D.2d 909; 162 N.Y.S.2d 948; 1957 N.Y. App. Div. LEXIS 5290
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.