BERGER v. CHARLES SCHATZ, INC.


26 A.D.2d 551 (1966)

Barry Berger et al., Appellants, v. Charles Schatz, Inc., Respondent, et al., Defendants. (And Ten Other Related Actions.)

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

June 13, 1966


Judgment reversed, insofar as appealed from, on the law; appellants' action as against Charles Schatz, Inc., severed and a new trial on all the issues as between said appellants and said corporation ordered, with costs to abide the event.

Dismissal of the five complaints as against the defendant corporation was error. It was within the province of the jury to find that the corporation had never transferred ownership of the car to Lila Schatz, under the proof which...

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