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PAUSTENBACH v. MILLER

10 A.D.2d 556 (1960)

Billie J. Paustenbach, Appellant, v. Robert M. Miller, Respondent

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

January 19, 1960

Judgment dismissing the complaint affirmed, without costs.

McNally, J., dissents in the following memorandum:

At the close of petitioner's case, the trial court denied defendant's motion to dismiss her prima facie case. Defendant rested, adduced no proof whatever, renewed the motion to dismiss, and thereupon the court dismissed the complaint and discharged defendant. (Stern v. Klenk, 277 App. Div. 1095.) I vote to reverse and order a new...

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