HOGAN v. CHESS SERV. CO., INC.


3 A.D.2d 909 (1957)

Richard F. Hogan, Respondent-Appellant, v. Chess Service Co., Inc., et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 28, 1957


Judgment in favor of plaintiff, after nonjury trial, unanimously reversed and a new trial ordered, with costs of this appeal to abide the event.

Plaintiff failed to make out a prima facie case of defendants' negligence, but we are not satisfied that he is not entitled to a better presentation, especially if an examination before trial of defendant should be first obtained. Accordingly, in the interests of justice there should be a new trial. In the light of this disposition...

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