CALORE v. DOMNITCH


5 Misc.2d 895 (1957)

Ralph Calore, an Infant, by Anthony Calore, His Guardian ad Litem, et al., Plaintiffs, v. Irving Domnitch, Defendant.

City Court of the City of New York, Trial Term, Queens County.

May 1, 1957.


Attorney(s) appearing for the Case

F. A. Wade for defendant.

Abraham Umanov and Samuel J. Moskowitz for plaintiffs.


J. IRWIN SHAPIRO, J.

The defendant, in this jury case, reserved his right to make a motion to dismiss the complaint at the end of the plaintiffs' case, and now at the end of the entire case (subject only to medical proof on the part of the plaintiffs) he moves for a dismissal, contending that the proof in the record is insufficient, as a matter of law, to permit this case to go to the jury.

In passing upon that motion, the facts must be viewed...

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