UNION NOVELTY CO., INC. v. ELIAS ASSOCS.


12 A.D.2d 761 (1961)

Union Novelty Co., Inc., Appellant, v. Elias Associates, Respondent

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

January 31, 1961


Judgment dismissing the complaint at the close of plaintiff's case, unanimously reversed, on the law, and a new trial ordered, without costs to either party.

In this property damage action plaintiff established, prima facie, a ground for recovery. It was entitled, therefore, to have its claim passed on by the jury, or to have defendant assume the burden of going forward. It was established that the water had accumulated on the roof from the bottom of the water tank...

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