Appellate Division of the Supreme Court of New York, 1969

Robinson v. Oakland

Robinson v. Oakland
Appellate Division of the Supreme Court of New York · Decided July 21, 1969
32 A.D.2d 1048; 303 N.Y.S.2d 1015; 1969 N.Y. App. Div. LEXIS 3302
Robinson v. Oakland

Opinion of the Court

Judgment of the Supreme Court, Nassau County, entered August 16, 1968, affirmed, with one bill of costs jointly to respondents filing separate briefs. No opinion. Rabin, Acting P. J., Hopkins and Martuseello, JJ., concur; Benjamin and Kleinfeld, JJ., dissent and vote to reverse the judgment and grant a new trial, with the following memorandum: In our opinion, plaintiffs’ proof made out a prima facie ease and it therefore was error to dismiss the complaint at the close of their proof.

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