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ALBERTSON v. GADSEN

27 A.D.2d 554 (1966)

Nancy J. Albertson et al., Appellants, v. Philip Gadsen, Respondent

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

December 19, 1966

Reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact have been considered.

In our opinion, plaintiffs established a prima facie case which should have been submitted to the jury. Tsitsera v. Hudson Tr. Corp. (14 N.Y.2d 855), upon which the learned Trial Judge relied in dismissing the complaints, is factually distinguishable. In Tsitsera the facts supported the determination...

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