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MIRABELLA v. THIEM

306 N.Y. 650 (1953)

Frank Mirabella, Appellant, v. Alvin F. Thiem, Doing Business under the Name of Pine Tree Riding Stables, Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1953

Attorney(s) appearing for the Case

Joseph W. Alaimo and Philip B. Dattilo for appellant.

Eric P. Smith for respondent.

Concur: LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ. DESMOND and FULD, JJ., dissent on the memorandum of the Appellate Division. Taking no part: VAN VOORHIS, J.

Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that the evidence presented questions of fact for the jury...

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