Appellate Division of the Supreme Court of New York, 1960

Paustenbach v. Miller

Paustenbach v. Miller
Appellate Division of the Supreme Court of New York · Decided January 19, 1960
10 A.D.2d 556; 196 N.Y.S.2d 595; 1960 N.Y. App. Div. LEXIS 12120
Paustenbach v. Miller

Opinion of the Court

Judgment dismissing the complaint affirmed, without costs. Concur — Breitel, J. P., M. M. Frank, Valente and Stevens, JJ.; McNally, J., dissents in the following memorandum: At the close of petitioner’s case, the trial court' denied defendant’s motion to dismiss her prima facie case. Defendant rested, adduced no proof whatever, renewed the motion to dismiss, and thereupon the court dismissed the complaint and discharged defendant. (Stern v. Klenk, 277 App. Div. 1095.) I vote to reverse and order a new trial on the ground that the determination is against the weight of the evidence.

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