ATIFA v. SHAIRZAD


25 A.D.3d 527 (2006)

806 N.Y.S.2d 435

ATIFA, Doing Business as MASJID HAZRAT ABUBAKR, Respondent, v. MOHAMMED AKBAR SHAIRZAD, Appellant, et al., Defendants. (Action No. 1.) MASJID HAZRAT ABUBAKR, Appellant, v. ATIFA, Respondent. (Action No. 2.)

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

January 10, 2006.


Ordered that the judgments are reversed, on the law and the facts, the motions are denied, the pleadings are reinstated, and a new trial ordered, with costs to abide the event.

Based upon this record, we find that questions of fact existed at the conclusion of the parties' evidence that required determination by the jury (see generally CPLR 4401; Singer v Long Is. Light. Co., 211 A.D.2d 779...

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