BEUTENMILLER v. W. END TAVERN, INC.


1 N.Y.2d 652 (1956)

Anna Beutenmiller et al., Appellants, v. West End Tavern, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1956.


Attorney(s) appearing for the Case

Jerome Golenbock, Jacob Bromberg, Harvey B. Nachman and Donald S. Sherwood for appellants.

John A. Gleason for respondent.

Concur: DESMOND, DYE, FULD, VAN VOORHIS and BURKE, JJ. Dissent: FROESSEL, J. and CONWAY, Ch. J.


Judgment affirmed, with costs; no opinion.

FROESSEL, J., dissents and votes to reverse in the following memorandum in which CONWAY, Ch. J., concurs: As we read this record, the trial court granted the motion to dismiss the complaint at the close of plaintiffs' case on the issue of liability, and before defendant had offered any proof or rested, as a matter of law and without weighing the evidence. Giving the plaintiffs the benefit of every favorable inference that...

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