Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The court erred in dismissing the complaint. Facts sufficient to constitute a cause of action were testified to by the plaintiff at the time the motion was granted. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.
Parsons v. Jones
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1938-11-18
Citations: 255 A.D. 842
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