LEMBERT v. 23 FERRY ST. REALTY CORP.


38 A.D.2d 539 (1971)

Arsenio Lembert, Appellant, v. 23 Ferry St. Realty Corp., Respondent

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

December 21, 1971


In affirming the trial court's dismissal of plaintiff's complaint in a personal injury action, we specifically disclaim any concurrence in the trial court's remarks which might be construed as indicating that it properly took into consideration facts bearing on the credibility of the plaintiff as a witness. Issues of credibility would be for the jury. But we do agree with the trial court's conclusion that "the plaintiff has not made out a prima facie case in negligence based...

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