¶1Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event. The plaintiff’s evidence was sufficient to establish a prima facie case. The questions of probable cause and malice were both for the jury. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.
241 A.D. 607
Ornstein v. Goldberg
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-01-15
Decided 1934-01-15