BERNAT v. ECHO SOC'Y OF NIAGARA FALLS, N.Y., INC.


8 A.D.2d 760 (1959)

William J. Bernat et al., Appellants, v. Echo Society of Niagara Falls, N. Y., Incorporated, Respondent

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

May 13, 1959


Judgment affirmed, with costs.

HALPERN, J. (dissenting).

The trial court dismissed the complaint at the close of the plaintiffs' case upon the ground that the plaintiffs had failed, as a matter of law, to establish a prima facie case. No findings of fact were made nor, indeed, could any findings properly be made since the defendant had not rested and the court had no power to pass upon any question of...

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