Middlebrook v. Auletta — 15 N.Y.2d 501

Majority

p. 501

George L. Middlebrook, Appellant, v. Thomas Auletta, Defendant, and Anthony Auletta, Respondent.

Argued September 28, 1964;

decided October 15, 1964.

p. 502

Benjamin H. Siff and Milton H. Goldstricker for appellant.

Benjamin Eigg and Gustave G. Rosenberg for respondent.

Order reversed and a new trial granted, with costs to abide the event, upon the ground that plaintiff made out a prima facie case of negligence. No opinion.

Concur: Chief Judge Desmond and Judges Van Vooehis, Burke, Scileppi and Bergan. Judges Dye and Fuld dissent and vote to affirm.