PRIOLA v. TOMASETTI


30 A.D.2d 691 (1968)

Emanuel Priola, Appellant, v. Ralph Tomasetti, Doing Business as Ralph Tomasetti & Company, Respondent, Brooklyn Union Gas Company, Defendant and Third-Party Plaintiff-Respondent. Tully and Di Napoli, Inc., Third-Party Defendant-Respondent

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

June 17, 1968


Judgment reversed, on the law, with one bill of costs against respondents Tomasetti and the Brooklyn Union Gas Company jointly, and new trial granted. No questions of fact have been considered.

In our opinion, plaintiff's proof raised issues of fact for the jury as to the liability of either or both of the defendants. Hence, it was error to dismiss the complaint at the close of plaintiff...

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