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NIEVES v. HOLMES PROT., INC.

88 A.D.2d 506 (1982)

Ronald Nieves, Appellant, v. Holmes Protection, Inc., Respondent and Third-Party Plaintiff, and C.G.M. Check Cashing Corp., Third-Party Defendant

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

May 4, 1982

Kupferman, J. P., and Milonas, J., dissent in a memorandum by Milonas, J., as follows:

I would reverse and remand for a new trial. This is an appeal from a judgment, entered on May 21, 1981, in the Supreme Court, Bronx County (Kent, J.), which dismissed the complaint at the close of defendant's evidence. Plaintiff had been the manager of the C.G.M. Check Cashing Corporation for approximately three years preceding the incident...

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