YANKOCY v. HEINRICH


280 A.D. 307 (1952)

Fred J. Yankocy, Appellant, v. John A. Heinrich, Respondent

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

June 17, 1952.


Attorney(s) appearing for the Case

Benedict Ginsberg of counsel (Michael M. Platzman with him on the brief; Benedict Ginsberg, attorney), for appellant.

Morris Galitzer of counsel (Frederic P. Gage with him on the brief; Schrenkeisen, Kettner & Gage, attorneys), for respondent.

DORE, J. P., CALLAHAN and BERGAN, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to affirm, in opinion in which COHN, J., concurs.


Per Curiam.

On the testimony adduced in this record, oral and documentary, the plaintiff proved a prima facie case and the court should not have dismissed the complaint at the close of plaintiff's case in a trial before the court and a jury. The issues were issues of fact and not of law involving in part issues relating to credibility and the real factual relationship of the parties as distinguished from the form thereof...

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