STEIN v. PALISI


308 N.Y. 293 (1955)

Neil Stein, an Infant, by His Guardian ad Litem, Samuel Stein et al., Appellants, v. Joseph Palisi et al., Individually and as Copartners Doing Business as Palisi Taxi et al., Respondents.

Court of Appeals of the State of New York.

Decided March 10, 1955


Attorney(s) appearing for the Case

George A. Burrell and Arthur N. Seiff for appellants.

Sidney Advocate and E. Edan Spencer for respondents.

CONWAY, Ch. J., DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ., concur.


FROESSEL, J.

The Appellate Division has reversed, on the law and the facts, a judgment of Trial Term based on a unanimous jury verdict in favor of plaintiffs, and dismissed plaintiffs' complaint. Thus the question before us is whether plaintiffs have made out a prima facie case. In determining that question we must, of course, consider the evidence in the light most favorable to plaintiffs, and afford to them...

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