PATRONE v. VAN-EXNER OIL CO., INC.


5 A.D.2d 951 (1958)

Joseph Patrone et al., Appellants, v. Van-Exner Oil Company, Inc., Respondent

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

March 5, 1958


Judgment reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

Defendant's motion to dismiss the complaint made at the end of plaintiffs' case was granted upon the sole ground that there was insufficient and inadequate proof of damages. We find in this record evidence as to the cost of repairing the injury to the premises as well as proof of other alleged damages that made out a prima facie case...

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