Appellate Terms of the Supreme Court of New York, 1943

Korrol Manufacturing Co. v. Mandula

Korrol Manufacturing Co. v. Mandula
Appellate Terms of the Supreme Court of New York · Decided May 25, 1943
180 Misc. 379; 44 N.Y.S.2d 635

Counsel

Emmet L. Holbrook for appellant., Nathan Cooper for respondent.

Korrol Manufacturing Co. v. Mandula

Opinion of the Court

Per Curiam.

Plaintiff established and proved a prima facie case of fraud and deceit. It was therefore error to dismiss the complaint at the end of plaintiff’s case and to direct judgment for the defendant.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event. Appeal from order dismissed.

Shientag, Rosenman and McLaughlin, JJ., concur.

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