Judgment insofar as appealed from reversed on the law and a new trial granted as between Penn and Brown, with costs to appellant to abide the event.
No questions of fact have been considered. In our opinion, appellant established a prima facie case against the defendant Brown (cf. Noseworthy v. City of New York, 298 N.Y. 76, 80; Kraus v. Birnbaum, 200 N.Y. 130, 133; Decedent Estate Law, § 131), and her complaint should not have been dismissed as...
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