SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
July 21, 1969
PHILIP ROBINSON ET AL., APPELLANTS,
WALLACE G. OAKLAND, JR., ET AL., RESPONDENTS
Judgment of the Supreme Court, Nassau County, entered August 16, 1968, affirmed, with one bill of costs jointly to respondents filing separate briefs.
Rabin, Acting P. J., Hopkins and Martuscello, JJ., concur; Benjamin and Kleinfeld, JJ., dissent.
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 case and it therefore was error to dismiss the complaint at the close of their proof.
© 1998 VersusLaw Inc.