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MARINO v. ALLIAUD

8 A.D.2d 100 (1959)

Eppie Marino, Appellant, v. Josephine Alliaud et al., Respondents

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

May 19, 1959.

Attorney(s) appearing for the Case

Thomas F. Cohalan of counsel (John Gallione with him on the brief; Semel, Wolf & Gallione, attorneys), for appellant.

William F. McNulty of counsel (Stanley D. Hicks, attorney), for Josephine Alliaud and another, respondents.

Lester Samuels of counsel (Weisman, Celler, Allan, Spett & Sheinberg with him on the brief; Emanuel Morgenbesser, attorney), for Annie Ryan, respondent.

BREITEL, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

In this action to recover damages for personal injuries, the complaint was dismissed on the merits at the close of plaintiff's evidence. If the dismissal was properly on the merits, then, if there is any evidence to sustain the judgment, it will not be disturbed. (McNulty Bros. v. Offerman, 141 App. Div. 730, 732; Wittemann Bros. v. Forman Bottling Co., 178 App. Div. 674, 675.) If the dismissal...

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