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BRENNER v. SEWALL

124 A.D.2d 620 (1986)

Rose Brenner et al., Plaintiffs, v. Marie Sewall et al., Defendants. (Action No. 1.) Rose Brenner et al., Appellants, v. Hubert S. Pearlman et al., Respondents. (And Another Action.)

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

November 10, 1986

Ordered that the judgment is affirmed, with costs.

After the trial court issued a ruling which the attorney for the plaintiffs considered to be adverse to his clients, the plaintiffs refused to proceed with the trial of their action and rested without having established a prima facie case against the respondents. Under these circumstances, it was entirely proper to enter a judgment in favor of the respondents regardless...

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