CANTWELL v. RUSSELL


30 A.D.2d 767 (1968)

Anne Cantwell et al., Appellants, v. Willis Russell et al., Respondents, et al., Defendant. (Action No. 1.)

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

June 27, 1968


Order entered July 10, 1967 insofar as it dismissed the complaint as to defendant Russell unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Judgment entered June 13, 1967 unanimously affirmed, without costs.

Memorandum:

At the close of the case of the plaintiffs the defendant Russell moved for a nonsuit on the ground plaintiffs had not proven a prima facie case. On the argument of the motion...

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