New York Court of Appeals, 1964

Middlebrook v. Auletta

Middlebrook v. Auletta
New York Court of Appeals · Decided October 15, 1964
15 N.Y.2d 501; 202 N.E.2d 557; 254 N.Y.S.2d 111; 1964 N.Y. LEXIS 893
Middlebrook v. Auletta

Opinion of the Court

Order reversed and a new trial granted, with costs to abide the event, upon the ground that plaintiff made out a prima facie case of negligence. No opinion.

Concur: Chief Judge Desmond and Judges Van Vooehis, Burke, Scileppi and Bergan. Judges Dye and Fuld dissent and vote to affirm.

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