¶1At the close of the plaintiff’s case he had made out a prima facie case, and there was no evidence presented by the defendants which established any defense. There should, therefore, have been a direction of a verdict in favor of the plaintiff. The judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.
159 A.D. 881
Cohen v. Ratner
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-11-15
<p>Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 3d day of January, 1913, upon the verdict of a jury, and also from an order entered on the 13th day of January, 1913, denying a motion for a new trial.</p>
Decided 1913-11-15