STERN v. KLENK


277 A.D. 1095 (1950)

Esther Stern, Appellant, v. Fred A. Klenk, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 5, 1950.


Per Curiam.

At the close of plaintiff's case, the trial court denied defendant's motion to dismiss her prima facie case. Defendant rested, adduced no proof whatever, renewed the motion to dismiss, and thereupon the court dismissed the complaint and discharged defendant.

In view of all the evidence adduced including plaintiff's exhibits, claimed to be defendant's handwriting, we think the judgment and order appealed from should be reversed and a new...

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