GINSBERG v. LEVBOURNE REALTY CO., INC.


25 A.D.2d 440 (1966)

Jacob Ginsberg, Appellant, v. Levbourne Realty Co., Inc., Respondent

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

January 17, 1966


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

No questions of fact have been considered. In our opinion, the learned Trial Justice erred in dismissing the complaint at the close of the entire case. Considering the evidence adduced at the trial in the aspect most favorable to the plaintiff and according him the benefit of every favorable inference which can reasonably be drawn from such evidence, we find that issues...

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