McGHEE v. NEW YORK CITY HOUS. AUTH.


243 A.D.2d 544 (1997)

665 N.Y.S.2d 296

Angela McGhee, Individually and as Administrator of The Estate of Arthur W. Lofton, Deceased, et al., Appellants, v. New York City Housing Authority, Respondent, et al., Defendant

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

October 14, 1997


Ordered that the judgment is reversed, on the law, with costs, the motion to dismiss the complaint is denied, the complaint is reinstated insofar as asserted against the New York City Housing Authority, and a new trial against that defendant is granted.

In the case before us, the trial court acted inappropriately in dismissing the action before the plaintiffs rested. "[T]he dismissal of the complaint before plaintiff had concluded [her] case was unduly precipitate...

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