Montalbano v. Liebmann Breweries, Inc.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1935-04-15
Citations: 244 A.D. 749
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Lead Opinion

Action to enjoin defendant from operating an electrically driven water pump. Judgment dismissing the complaint reversed on the law and a new trial granted, costs to appellants to abide the event. Plaintiffs made out a prima jade case; the evidence raised issues of fact which put the defendant to its proof. Findings of fact inconsistent with the decision are reversed. Lazansky, P. J., Young, Hagarty, Carswell and Seudder, JJ., concur. Settle order on notice.