GAGNON v. PONDFIELD APARTMENTS, INC.


44 A.D.2d 597 (1974)

Marjorie Gagnon et al., Appellants, v. Pondfield Apartments, Inc., Respondent

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

March 25, 1974


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The appeal did not present question of fact. In our opinion, the trial court improperly dismissed the complaint on the ground of plaintiffs' failure to make out a prima facie case. Considering the evidence in the light most favorable to plaintiffs, as must be done upon a motion to dismiss a complaint at a jury trial, we think there was sufficient evidence of wetness on the painted...

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