Judgment unanimously reversed upon the law and upon the facts, and a new trial ordered, with costs to the appellant to abide the event. The judgment entered herein upon a dismissal of the complaint at the close of the plaintiff's case must be reversed and a new trial ordered.
While it may be that if the allegations contained in the affirmative defenses are established that a judgment for the defendant would necessarily follow, we cannot make that assumption in the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.